When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier. If a party refuses to accept the above two treatments, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.
Mediation of the amount of compensation for infringement of trademark exclusive right
The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court according to law.
After trademark infringement occurs, not only will the trademark be cancelled, but also a certain fine will be paid. The specific fine to be paid needs to be determined according to the turnover obtained by the business organization during the infringement period. Anyone who infringes a trademark must stop using the trademark and issue an infringement statement when necessary.
What are the cases of infringement of the exclusive right to use a registered trademark?
1. Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
2. Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods, is likely to cause confusion;
3. Selling goods that infringe the exclusive right to use a registered trademark;
4. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization;
5, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again;
6. Deliberately providing convenient conditions for infringing upon the exclusive right to use a trademark of others and helping others to commit acts of infringing upon the exclusive right to use a trademark;
7, causing other damage to the exclusive right to use a registered trademark of others.
legal ground
the trademark law of the people's republic of china
Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 1 10,000 yuan may be imposed.
Article 52 Where an unregistered trademark is used as a registered trademark, or an unregistered trademark is used in violation of the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed; If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 1 10,000 yuan may be imposed.
Article 60 If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier.
If there is any dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce for mediation, or bring a suit in a people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). After mediation by the administrative department for industry and commerce, if both parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).