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How to deal with trademark infringement?

Trademark infringement can be handled in the following ways:

1. First, the infringer and the infringed party can negotiate and resolve the matter on their own. The infringed party can ask the other party to stop the infringement and compensate itself. Loss, the specific amount of compensation shall be determined based on the actual loss suffered by the right holder due to the infringement;

If the actual loss is difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; the loss of the right holder or the infringement If the benefits obtained by a person are difficult to determine, they shall be reasonably determined by referring to a multiple of the trademark license fee.

2. If the dispute cannot be settled through negotiation or does not want to be settled through negotiation, the case can be brought to court for settlement, and the court will decide whether the other party bears infringement liability.

3. Alternatively, the infringed party may lodge a complaint with the industrial and commercial administration department. After the complaint is made, if the industrial and commercial department determines that the infringement is established, it shall order an immediate cessation of the infringement and confiscate and destroy the infringing goods and those mainly used in manufacturing the infringing goods. Commodities;

A tool for counterfeiting registered trademarks and signs, and shall be fined. 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 insufficient If the amount exceeds 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

4. If the infringement behavior of the infringer has constituted a crime, the person who has been infringed can directly report it to the police.

Legal Basis

Article 60 of the "Trademark Law": If any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law cause a dispute, the party concerned shall Resolve through negotiation;

If the dispute is 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 administration department to handle the matter. When handling the case, 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.