Analysis and Answer

Infringement of clothing trademarks will be subject to the following administrative penalties:

1. Order to stop sales immediately;

2. Confiscation And destroy the infringing trademark logo;

3. Eliminate the infringing trademark on the existing goods;

4. Seize the molds, printing plates and other crime tools that are directly used for trademark infringement;

5. If the first four measures are insufficient to stop the infringement, or if the infringing trademark is difficult to separate from the goods, order and supervise the destruction of the infringing items;

6. Punishment for illegal business operations according to the circumstances A fine of less than RMB 5 or less than five times the profits gained from infringement;

7. The person directly responsible for the infringement of the exclusive right to use a registered trademark may be fined not more than RMB 10,000 depending on the circumstances.

Legal Basis

"Trademark Law of the People's Republic of China"

Article 57 Anyone who commits any of the following acts shall be deemed to have infringed upon the registration. Exclusive right to trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same goods, or use a trademark that is the same or similar to the registered trademark on similar goods, which is likely to cause confusion;

(3) Sales infringement of registration goods with exclusive rights to trademarks;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Without trademark registration The registrant agrees to change its registered trademark and put the goods with the changed trademark into the market;

(6) Intentionally providing facilities for infringement of other people's exclusive rights to trademarks and helping others to infringe the exclusive rights of trademarks ;

(7) Causing other damage to the exclusive right to use registered trademarks of others.

Article 60 If a dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, interested parties 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.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.

Article 62: The industrial and commercial administrative department at or above the county level may exercise the following powers when investigating and punishing suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations of law:

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(1) Question the relevant parties and investigate the situation related to infringement of the exclusive rights of others’ registered trademarks;

(2) Check and copy the parties’ contracts, invoices, account books and other matters related to the infringing activities Relevant information;

(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe the exclusive rights of registered trademarks of others;

(4) Inspect items related to infringing activities; Articles that are proved by evidence to infringe the exclusive rights of others' registered trademarks may be sealed or seized.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

In the process of investigating and handling trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the people's court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

Article 63 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, they may be determined based on the benefits gained by the infringer due to the infringement. ; If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

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 award RMB 5 million based on the circumstances of the infringement. the following compensation.

When hearing trademark dispute cases, the People's Court shall, at the request of the right holder, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed. Ordered to destroy without compensation; or in special circumstances, ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.

Article 64: If the holder of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the ground that the holder of the exclusive right to the registered trademark has not used the registered trademark, the People's Court may require the holder of the exclusive right to the registered trademark to provide the three previous Evidence of actual use of the registered trademark during the year. 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 do not know infringe 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.

"Regulations on the Implementation of the Trademark Law of the People's Republic of China"

Article 50 Anyone who commits any of the following acts shall fall under Article 52 (5) of the Trademark Law The alleged infringement of the exclusive right to register a trademark as mentioned in the item:

(1) Using a mark that is identical or similar to another person’s registered trademark on the same or similar goods as a trade name or product decoration to mislead the public ;

(2) Deliberately providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of registered trademarks of others.

Article 51: Anyone may complain or report any infringement of the exclusive right to use a registered trademark to the industrial and commercial administration department.

Article 52: For infringement of the exclusive rights of registered trademarks, the fine amount shall be less than three times the illegal business volume; if the illegal business volume cannot be calculated, the fine amount shall be less than 100,000 yuan.