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How is the punishment determined if the clothes hanger trademark is infringed?

Close hangers are an auxiliary tool for tidying up clothes. They are often used as a support for clothes, so there will be more or less hangers in the wardrobe, which will make the wardrobe look neat and tidy. It is very convenient to retract and retract. How to choose the category of clothes hanger trademark?

Through the query in the Bajie Intellectual Property Trademark Encyclopedia, we can know that the category of the clothes hanger trademark is Category 21 - 2106 - Household daily necessities and sanitary appliances - Clothes drying rack 2106 - Laundry drying rack 210126. As an auxiliary appliance, clothes hangers are indispensable for every household, so their demand in the market usually tends to be stable.

Trademarks are effective business cards for enterprises in the market. Consumers will always see the trademark at the first time during external display and remember the distinctive and unique mark. It is precisely because of this that many brands have gradually Having become famous in the market, it can't help but attract companies that imitate it. Generally, any imitation of a famous trademark that confuses consumers is considered trademark infringement.

So are there any corresponding penalties for trademark infringement? When a trademark registrant detects a similar or identical trademark through market monitoring and appeals for rights protection, the court will determine the degree of infringement based on its actual sales and various factors. The main trademark infringement behaviors include:

Use a trademark that is identical or similar to the registered trademark in the same or similar category without the permission of the trademark registrant; sell without permission of the trademark registrant Products marked with exclusive rights to registered trademarks; forging other people’s registered trademarks for sale; replacing registered trademarks and putting them on the market without the permission of the trademark registrant; causing other damage to others’ exclusive rights to registered trademarks.

As for liability for trademark infringement, companies can proceed in three directions, namely administrative liability, civil liability and criminal liability.

Administrative responsibilities include that for those who infringe on the exclusive rights to use registered trademarks of others, the industrial and commercial administration authorities may impose the following penalties: ① order the other party to stop the infringement; ② confiscate and destroy the infringing goods; ③ confiscate and destroy counterfeit registered trademark signs tools. If the infringement of the exclusive right to register a trademark does not constitute a crime, the industrial and commercial administration authorities may impose corresponding fines based on the circumstances.

Civil liability, according to the provisions of the Trademark Law, if the trademark rights of others are infringed, the infringed party has the right to require the infringing party to stop the infringement and compensate for losses. The amount of infringement compensation is the profit earned by the infringing party during the infringement period. Or the losses suffered by the infringed party during the period of infringement, including expenses incurred to stop the infringement. If it is difficult to determine the two, the court will make a decision based on the actual situation.

Criminal liability and trademark infringement, in addition to administrative liability and civil liability, may also constitute other crimes of counterfeiting registered trademarks, illegally manufacturing registered trademarks, etc.

What this trademark says is the penalties for trademark infringement, but not all infringements will be punished. After a trademark is infringed, the infringed party needs to submit relevant evidence to the industrial and commercial administration department for review. Different punishments will be imposed according to different circumstances. But in general, companies should still focus on protecting trademarks.