Trademark infringement (TRADEMARK INFRINGEMENT) means: trademark infringement refers to the use of an identical or similar trademark to the registered trademark on the same or similar goods without the permission of the trademark owner, or other interference , other behaviors that hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to cease the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal liability.
If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the infringement shall bear administrative liability and civil liability. Article 43 of the "Details for the Implementation of the Trademark Law" stipulates: For those who infringe upon the exclusive right to use a registered trademark, the industrial and commercial administrative authorities may take the following measures to stop the infringement:
(1) Order an immediate cessation of sales;
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(2) Collect and destroy infringing trademark signs;
(3) Eliminate infringing trademarks on existing goods;
(4) Collect funds directly used for trademark infringement Molds, printing plates or other tools for committing crimes;
(5) If the first four measures are insufficient to stop the infringement, or if the infringing trademark is difficult to separate from the goods, the infringing items shall be ordered and supervised to be destroyed.
If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of not more than 50% of the illegal business revenue or not more than five times the profits obtained from the infringement. The industrial and commercial administration authorities may impose a fine of not more than 10,000 yuan on the directly responsible person of an entity that infringes upon the exclusive right to use a registered trademark according to the circumstances.
The industrial and commercial administration may order the infringer to compensate for losses at the request of the infringed party. If the parties are dissatisfied, they may bring a lawsuit to the People's Court.
Article 118 of the "General Principles of the Civil Law" stipulates: Citizens or legal persons whose exclusive trademark rights are infringed have the right to demand that the infringement be stopped, the impact eliminated, and losses compensated.