Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to judge the crime of infringing the exclusive right to use a trademark?
How to judge the crime of infringing the exclusive right to use a trademark?
Punishment method of trademark infringement: generally, the administrative department handling the case shall order the perpetrator to stop the infringement, confiscate and destroy the main tools and infringing goods, and impose a fine of not less than 50,000 yuan but not more than 5 times the illegal business amount. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, it shall also impose a fine of not more than 250,000 yuan. If it constitutes a criminal offence, criminal responsibility shall be investigated according to law.

legal ground

Article 60 of the Trademark Law

When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less 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 less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier.