Legal analysis: Trademark infringement should bear civil liability, administrative liability and criminal liability. Specifically:
1. Civil liability for trademark infringement:
(1) Stop the infringement;
(2) compensation for losses (the amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits gained by the infringer during the infringement period or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement; If the infringement loss is difficult to determine, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement);
note: if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you will not be liable for compensation if you can prove that the commodity was legally obtained by yourself and explain the supplier.
(3) eliminate the influence and restore the reputation;
(4) apologize;
2. Administrative responsibility for trademark infringement:
(1) Ordering to stop the infringement immediately;
(2) Confiscating and destroying infringing goods and tools specially used for manufacturing infringing goods and forging registered trademarks;
(3) The administrative department for industry and commerce shall impose a fine of less than 3 times of the illegal business amount on those who infringe upon the exclusive right to use a registered trademark of others; If the illegal business amount cannot be calculated, a fine of less than 1, yuan shall be imposed.
3. Criminal responsibility:
According to the provisions of China's Criminal Law, there are three kinds of trademark crimes: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing or selling illegally manufactured registered trademarks.
Legal basis: Article 12 of the Civil Code of the People's Republic of China
If the civil rights and interests are infringed, the infringed party has the right to request the infringer to bear the tort liability.
article 183 if the infringer suffers damage to himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
article 167 where an infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 1168 Where two or more persons jointly commit an infringement and cause damage to others, they shall be jointly and severally liable.