Current location - Trademark Inquiry Complete Network - Trademark inquiry - If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If
If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If
If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. ” 17. Clarify the amount of fines for counterfeiting registered trademarks. “If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may impose a fine According to the notice, if the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed. 18. Clarify the amount of fine for using a well-known trademark for commercial promotion: RMB 100,000. "Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local industrial and commercial administration department and fined RMB 100,000." 19. Using a trademark as a business name, misleading the public, and constituting unfair competition. "Anyone who uses someone else's registered trademark or an unregistered well-known trademark as a business name to mislead the public, constituting unfair competition, shall be punished in accordance with the "China The People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China. " 20. Clarify the amount of industrial and commercial penalties for trademark infringement. "When the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to be stopped immediately, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume 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. 21. The amount of compensation for trademark infringement will be increased by 3 million, and a malicious punitive compensation system will be established. “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, it may be determined based on the benefits gained by the infringer due to the infringement; the losses suffered by the right holder or the benefits gained by the infringer If it is difficult to determine, the amount of compensation may be determined based on the multiple of the trademark license fee. If the circumstances are serious, the amount of compensation may be determined by more than one time and not more than three times the amount determined according to the above method. The amount of compensation shall include the right to pay. Reasonable expenses paid to stop the infringement "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 make a judgment based on the circumstances of the infringement. Compensation of less than one million yuan. " 22. Disclaimer clauses "The claimed trademark has not been used for three years" and "Provide legal sources of sales." "If the owner of the exclusive right to a registered trademark requests compensation, and the accused infringer files a defense on the grounds that the owner of the exclusive right to the registered trademark has not used the registered trademark, the people's The court may require the owner of the exclusive right to a registered trademark to provide evidence of actual use of the registered trademark within the previous 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 don’t know are infringing 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. ”