1. What will be the punishment for trademark infringement by the store?
The shop will be sentenced to pay civil compensation for trademark infringement.
(1) Limitation of action for trademark infringement-two years. The limitation of action for infringement of the exclusive right to use a registered trademark is two years.
(2) The limitation of action for trademark infringement shall be counted from the date when the trademark infringement is known or should be known. The limitation of action for infringement of the exclusive right to use a registered trademark is two years, counting from the date when the trademark registrant or interested party knows or should know about the infringement. Where a trademark registrant or interested party files a lawsuit for more than two years, and the infringement continues when the lawsuit is filed, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use a registered trademark, and the amount of compensation for infringement damages shall be calculated forward for two years from the date when the obligee files a lawsuit with the people's court.
Second, the method of determining the amount of trademark infringement compensation
According to the provisions of this article, the amount of compensation for infringement of the exclusive right to use a registered trademark shall be determined in the following order and manner:
The first is to determine the compensation amount according to the "actual loss". That is, the amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes (June 5438+10/October 65438+February, 2002), "the loss suffered by infringement" can be calculated according to the product of the sales reduction of goods caused by infringement or the sales volume of infringing goods and the unit profit of registered trademark goods. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined in accordance with the above-mentioned method of 1 times or more and less than 3 times.
In addition, after determining the amount of compensation in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should be added. The so-called "reasonable expenses" include the reasonable expenses for the obligee or entrusted agent to investigate and collect evidence for the infringement according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes. "The people's court can calculate the lawyer's expenses that meet the requirements of the relevant state departments within the scope of compensation according to the claims of the parties and the specific circumstances of the case".
Second, determine the amount of compensation according to the "benefits obtained from infringement". That is, if the actual loss of the registered trademark owner is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, the "benefits obtained from infringement" can be calculated according to the product of the sales volume of infringing goods and the unit profit of goods, and "if the unit profit of goods cannot be determined, it shall be calculated according to the unit profit of registered trademark goods". For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined in accordance with the above-mentioned method of 1 times or more and less than 3 times. In addition, after determining the amount of compensation in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should be added.
Third, determine the compensation amount according to "multiple of trademark license fee". That is, in the case that the loss of the obligee or the interests of the infringer are difficult to determine, it shall be reasonably determined with reference to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined in accordance with the above-mentioned method of 1 times or more and less than 3 times. In addition, after determining the amount of compensation in the above way, the reasonable expenses paid by the registered trademark owner to stop the infringement should be added.
Fourth, the amount of compensation is determined by the court "with reference to the claims and evidence provided by the obligee". That is to say, in order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has done his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
Whether it is a civil subject or a business unit, they can bring a lawsuit to the court after discovering that the shop has infringed their trademark rights. If you want compensation from Beijing, Tianjin and Hebei, you can also put it forward in the civil complaint submitted at this time. How much compensation can be obtained depends on the income obtained by the store during the infringement period.