Legal analysis: Counting trademark infringement, trademark infringement is trademark infringement. The perpetrator uses the same or similar trademark as his or her registered trademark on the same or similar goods without the permission of the trademark owner, or other trademark infringement. Other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to cease the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal liability.
Legal basis: Article 60 of the "Trademark Law of the People's Republic of China" If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, the party concerned shall If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration 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 you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.