The following regulations refer to the "Trademark Law of the People's Republic of China"

Chapter 7: Protection of exclusive rights to registered trademarks

Article 56 ?The exclusive right of a registered trademark is limited to the approved registered trademark and the approved products for use.

Article 57: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Using the same product on the same product without the permission of the trademark registrant Using a trademark that is the same as its registered trademark;

(2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using its registered trademark on similar products Identical or similar trademarks that are likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting or creating without authorization the logo of another person’s registered trademark or Selling counterfeit or unauthorized registered trademark signs;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market;

(6) Intentionally providing convenient conditions for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to others’ exclusive rights to registered trademarks.

Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a trade name in a company name to mislead the public and constitute unfair competition shall be punished in accordance with the "People's Republic of China and the National Anti-Unfair Competition Law".

Article 59: The registered trademark contains the common name, graphics, and model of the product, or directly represents the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product, or The owner of the exclusive right to a registered trademark has no right to prohibit others from using the place name contained therein.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. Fair use by others.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark shall There is no right to prohibit the user from continuing to use the trademark within the original scope of use, but it can require it to attach an appropriate distinguishing mark.

Article 60: If a dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registration The person or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle the matter.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more 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 not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.

Article 62: The industrial and commercial administrative department at or above the county level may exercise the following powers when investigating and punishing acts suspected of infringing upon the exclusive rights of others to register trademarks based on obtained evidence or reports of suspected violations of law:

(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of others’ registered trademarks;

(2) Check and copy the parties’ contracts, invoices, account books and related to the infringing activities; Other relevant information;

(3) Conduct on-site inspections of places where the parties are suspected of engaging in activities that infringe on the exclusive rights of others’ registered trademarks;

(4) Inspect items related to infringing activities; If there is evidence that an item infringes upon the exclusive rights of another person's registered trademark, it may be sealed or seized.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

In the process of investigating and handling 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 based on the benefits obtained by the infringer due to the infringement. Determination; if the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it 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 not less than one time but not more than five 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 account books related to the infringement when 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. , information; if the infringer fails to provide or provides false account books and information, 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 gained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award RMB 5 million based on the circumstances of the infringement. the following compensation.

When hearing trademark dispute cases, the People's Court shall, at the request of the right holder, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed. Ordered to destroy without compensation; or under special circumstances, ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.

Article 64: If the holder of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the ground that the holder of the exclusive right to the registered trademark has not used the registered trademark, the People's Court may require the holder of the exclusive right to the registered trademark to provide previous evidence. Evidence of actual use of the registered trademark within three years. 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 the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.

Article 65: A trademark registrant or interested party has evidence to prove that others are committing or about to commit acts that infringe upon the exclusive right to use a registered trademark. If not stopped in time, their legitimate rights and interests will be jeopardized. If the damage is to be compensated, the person may apply to the People's Court to take measures to order the cessation of relevant actions and property preservation before filing a lawsuit in accordance with the law.

Article 66: In order to prevent 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 a trademark identical to the registered trademark is used on the same product without the permission of the trademark registrant, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. .

If a person forges or manufactures other people’s registered trademarks without authorization or sells counterfeit 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.

Whoever knowingly sells goods with counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for losses, 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 administration department shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; those directly responsible shall The person in charge and other persons directly responsible shall be given a warning and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

(1) During the process of handling trademark matters, counterfeiting, Altering or using forged or altered legal documents, seals, or signatures;

(2) Using methods such as slandering other trademark agencies to solicit trademark agency business or using other improper means to disrupt the order of the trademark agency market

(3) Violating the provisions of Article 4 and Article 19, paragraphs 3 and 4 of this Law.

(4) Those who apply for trademark registration in bad faith shall be given administrative penalties such as warnings and fines according to the circumstances; those who file trademark litigation in bad faith shall be punished by the people's court in accordance with the law.

If a trademark agency commits any act specified in the preceding paragraph, it shall be recorded in the credit file by the industrial and commercial administration department; 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 dedicated to their duties, and serve in a civilized manner.

Trademark Office, Trademark Review and Adjudication Board and state agency staff 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 the implementation of laws, administrative regulations and compliance with disciplines by state agency staff responsible for trademark registration, management and review. examine.

Article 71: Staff members of state agencies 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 profit If the illegitimate interests constitute a crime, criminal liability shall be investigated in accordance with the law; if they do not constitute a crime, they shall be punished in accordance with the law.