There are three ways to deal with trademark infringement in the e-commerce industry, namely, private negotiation between the two parties, complaining to the e-commerce platform, and prosecution in the People's Court. Generally, if the two parties cannot resolve the matter, the infringed party can file a lawsuit. The perpetrators of trademark rights may complain to the e-commerce platform, which will control the case. They may also file a lawsuit with the People's Court, which will make a ruling.

1. How to deal with trademark infringement in the e-commerce industry?

The way to deal with trademark infringement in the e-commerce industry is negotiation or prosecution, which should be resolved through negotiation by the parties; if they are unwilling to negotiate or negotiate If this fails, the trademark registrant or interested party may file a lawsuit in the People's Court, or request the industrial and commercial administration or some intellectual property management departments to handle the matter.

Trademark infringement refers to the use of a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using its registered trademark and damages the trademark rights. Other actions to protect people's legitimate rights and interests. 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.

2. How should the industrial and commercial administrative department punish trademark infringement?

For trademark infringement, the infringed party can request the industrial and commercial administrative department at or above the county level to handle it. The industrial and commercial administrative department shall The department has the right to take the following measures:

(1) Order an immediate stop to sales;

(2) Invite and destroy infringing trademarks;

(3) ) Eliminate infringing trademarks on existing goods;

(4) Seize molds, printing plates or other crime tools that are directly used for trademark infringement;

(5) If the first four measures are taken If the above measures are insufficient to stop the infringement, or if the infringement is difficult to separate from the goods, the infringing goods shall be ordered and supervised to be destroyed;

(6) A fine of not more than five times of the profits obtained from the infringement shall be imposed according to the circumstances.

3. What is the legal basis?

Article 60 of the "Trademark Law of the People's Republic of China" has the exclusive rights to infringe registered trademarks listed in Article 57 of this Law. If a dispute arises due to one of the copyright acts, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in 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 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.

When handling trademark infringement incidents reported by merchants, e-commerce platforms should first verify them. If they are true, they should punish the merchants who committed the infringement. However, it should be noted that the infringed merchants Reports and appeals should be made with real names and corresponding proof of infringement should be provided, which will help confirm the true identities of both parties and facilitate platform review.