The penalties for violating the trademark law are as follows:
1. Order to stop the infringement;
2. A fine of more than 50,000 yuan in 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. Penalty;
3. Compensation for losses 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, the amount of compensation may be based on the benefits obtained by the infringer due to the infringement. If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee;
4. Pursuing criminal liability without the permission of the owner of the registered trademark, in the same category Anyone who uses a trademark that is the same as his registered trademark on goods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined, or shall be fined alone. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
Article 10 of the "Trademark Law of the People's Republic of China" The following signs shall not be used as trademarks:
(1) The same as the country name, The national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. are the same or similar, as well as the name or logo of the central state agency, the name of a specific location where it is located, or the name or graphics of a landmark building;
(2) Identical or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;
(3) Same as the name of an intergovernmental international organization , flags, emblems, etc. are the same or similar, except with the consent of the organization or if it is not likely to mislead the public;
(4) Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee, Except with authorization;
(5) Names or symbols that are the same as or similar to the "Red Cross" or "Red Crescent";
(6) Ethnic discrimination Sexual;
(7) Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or the place of origin;
(8) Harmful to socialist morals Or have other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
Article 45 A registered trademark violates paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, As stipulated in Articles 31 and 32, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling 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. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.
When the Trademark Review and Adjudication Board examines a request for invalidation in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case being heard by the people's court or being handled by the administrative agency. Based on this, the review may be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.