China's Trademark Tort Law does not stipulate that people without money will be detained, and the civil liability of the infringer has nothing to do with detention. When trademark infringement has constituted a crime, even if the parties have more money, they will be criminally detained. In other words, if there is no money to compensate, this cannot be a legitimate excuse to detain the parties concerned.

1. Should a trademark infringement legal person be detained if he has no money?

Trademark infringement law does not stipulate that people should be detained without money, and detention needs a legal basis. Even if the infringer has no ability to compensate, the Trademark Office and any other relevant unit have no right to directly detain the party concerned. If the person subjected to execution is really unable to pay compensation, the court may temporarily suspend execution and resume execution at any time after the person subjected to execution has the ability to perform.

According to the provisions of Article 256 of the Civil Procedure Law, the people's court shall make a ruling to suspend execution in any of the following circumstances:

(1) The applicant indicates that the execution can be postponed;

(2) The outsider raises legitimate objections to the object of execution;

(3) A citizen who is a party dies and needs to wait for the successor to inherit the rights or assume the obligations;

(4) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;

(5) Other circumstances in which the people's court considers that execution should be suspended.

When the suspended situation disappears, execution will resume.

Second, the types of trademark infringement

According to Article 57 of the Trademark Law of People's Republic of China (PRC), seven acts of infringing the exclusive right to use a registered trademark are stipulated:

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;

Not everything in life can be measured by money, but sometimes, the detention of the parties by the judicial organs is clearly justified, but the parties themselves think that the other party has spent money and found a back door. Whether it is administrative detention or criminal detention, it is a bit ignorant to take these coercive measures without looking at the other party's money.