When you receive a summons for trademark infringement, you should find a professional lawyer and actively respond to such a lawsuit. After all, trademark infringement is not a trivial matter. Once it is determined that your trademark infringes the rights of others, not only This exclusive right cannot continue to be exercised, and losses must be compensated.
1. How to deal with receiving a trademark infringement summons? If you receive a trademark infringement summons, you should find a professional lawyer and actively respond to such a lawsuit. After all, trademark infringement does not take an hour. Once it is recognized, If your own trademark infringes on the rights of others, not only will the exclusive right be unable to continue to be exercised, but you will also need to compensate for losses. 1. Administrative responsibilities. For those who infringe the exclusive rights of registered trademarks, according to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to impose penalties. (1) Order to stop the infringement. The specific measures are as follows: 1. Order to stop sales immediately; 2. Confiscate and destroy infringing goods; 3. Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks. (2) Imposition of fines. For those who infringe the exclusive right to use registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may impose a fine of less than 50% of the illegal business revenue or less than five times the profits obtained from the infringement according to the circumstances; the person directly responsible for the infringement unit may be fined up to 1% according to the circumstances. Fines of up to 10,000 yuan. 2. Civil Liability According to Article 118 of the General Principles of the Civil Law, if a trademark right is infringed upon, the person has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If it is difficult to determine the first two, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement. 3. Criminal liability In addition to administrative liability and civil liability, infringement of trademark rights may also constitute the crime of counterfeiting a registered trademark, selling goods with counterfeit registered trademarks, illegally manufacturing registered trademark signs, and selling illegally manufactured registered trademark signs.
II. Ways to deal with trademark infringement 1. Complain or report to the industrial and commercial administration at or above the county level where the infringer is located or where the infringement occurred. 2. The infringed party can also directly file a lawsuit in the People's Court. If he is dissatisfied with the handling of the industrial and commercial administrative organs, he can also file a lawsuit in the People's Court. Industrial and commercial administrative agencies and courts have different handling of trademark infringement cases. The main manifestations are as follows: (1) The parties requesting the handling are different. In accordance with Article 53 of the Trademark Law and Article 42 of the Implementing Rules of the Trademark Law, anyone can accuse or report trademark infringement to the industrial and commercial administration, either as the infringed party or as an infringer. Someone other than the infringed party. The party requesting the People's Court to handle a trademark infringement case must be the infringed party. The court will not accept lawsuits from others. (2) Different requirements are imposed on the defendant. When the industrial and commercial administration authorities accept trademark infringement cases, they only require the existence of the infringement facts, and the defendant may not be very clear; and when the people's court requires the infringed party to sue, it must provide a clear defendant, otherwise it will not be accepted. In daily life, parties must be very cautious about such behavior regarding trademarks. Otherwise, it may infringe on the exclusive rights of others to use trademarks, so they must be handled properly. Once the court's decision is received, If a subpoena is issued, it is best to find a professional lawyer to help you defend your rights.