Current location - Trademark Inquiry Complete Network - Trademark inquiry - During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the P
During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the P
During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated. Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined based on the benefits gained by the infringer due to the infringement; the right holder’s losses or infringement If the benefits obtained by a person are difficult to determine, they shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. Article 64 If the owner of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the ground that the owner of the exclusive right to the registered trademark has not used the registered trademark, the people's court may require the owner of the exclusive right to the registered trademark to provide information on the actual use of the registered trademark within the previous three years. evidence. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation. If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier. Article 65 If a trademark registrant or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark, and if they are not stopped in a timely manner, their legitimate rights and interests will be irreparably damaged, they may, in accordance with the law, Before filing a lawsuit, apply to the People's Court for measures to order the cessation of relevant behavior and property preservation. Article 66 In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the people's court to preserve evidence before filing a lawsuit in accordance with the law. Article 67 If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law. Article 68 If a trademark agency commits any of the following acts, the industrial and commercial administrative department shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than RMB 10,000 but not more than RMB 100,000; the directly responsible person in charge and other directly responsible personnel Give a warning and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if a crime is constituted, criminal liability shall be pursued in accordance with the law: (1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters (2) To solicit trademark agency business by defaming other trademark agencies or disrupting the order of the trademark agency market by other improper means; (3) Violating the provisions of paragraphs 3 and 4 of Article 19 of this Law. If a trademark agency engages in the conduct specified in the preceding paragraph, the industrial and commercial administration department shall record it in the credit file; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting the trademark agency business and make an announcement. If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with its articles of association.Article 69 State agency staff engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be loyal to their duties, and serve in a civilized manner. Staff of the Trademark Office, Trademark Review and Adjudication Board, and state agencies engaged in trademark registration, management, and review are not allowed to engage in trademark agency business and commodity production and operation activities. Article 70 The industrial and commercial administrative department shall establish and improve an internal supervision system to supervise and inspect the implementation of laws, administrative regulations and compliance with disciplines by state agency staff responsible for trademark registration, management and review. Article 71 If state agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, illegally handle trademark registration, management and review matters, accept property from parties, and seek illegitimate benefits, which constitutes a crime, Criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, sanctions shall be imposed in accordance with the law. Legal objectivity:

Article 39 of the Copyright Law of the People’s Republic of China The validity period of a registered trademark is ten years, calculated from the date of approval of registration. Article 40 of the "Copyright Law of the People's Republic of China" If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before the expiration; if the trademark registrant fails to do so during this period, If the application is processed, a six-month extension period can be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office shall announce the renewal of registered trademarks.