If the trademark infringement is less than 1,000 yuan and the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. 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 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; the infringer fails to provide Or if false account books or information are provided, 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 a compensation of not more than three million yuan based on the circumstances of the infringement. According to the provisions of the Trademark Law, if trademark infringement causes the trademark owner to lose 1,000 yuan, compensation will be based on the actual loss. If trademark infringement results in 1,000 yuan, compensation will be based on acquisition.
Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law, and a dispute arises, it shall be resolved through negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, 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. If the illegal business turnover exceeds 50,000 yuan, it may be punished. 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 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.
What is a trademark?
A trademark is a mark used to distinguish one operator’s brand or services from the goods or services of other operators. my country's Trademark Law stipulates that for trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant enjoys the exclusive right to trademark and is protected by law. If it is a well-known trademark, he will obtain a cross-category trademark. Legal protection of exclusive rights. Answer from the official website of the World Intellectual Property Organization (WIPO): A trademark is a distinctive sign that identifies a product or service as being produced or provided by a specific individual or enterprise. The origins of trademarks date back to ancient times, when craftsmen imprinted their signatures or "marks" on their works of art or utilitarian products. Over the years, these marks evolved into today's trademark registration and protection system. This system helps consumers identify and purchase a product or service because the nature and quality of the product or service indicated by the unique trademark on the product or service meet their needs. According to the Trademark Law of the People's Republic of China (revised in 2013), signs (including words, graphics, letters, numbers, sounds, three-dimensional signs and color combinations) that can distinguish one's own goods or services from those of others, and combinations of the above elements).