1. What are the penalty standards for trademark infringement

1. The penalty standards for trademark infringement are as follows:

(1) Order to stop sales immediately;

(3) Eliminate infringing trademarks on existing goods;

(4) Seize molds that are directly used for trademark infringement , printing plates or other tools;

(5) If the first four measures are insufficient to stop the infringement, or if the infringement is difficult to separate from the goods, order and supervise the destruction of the infringing goods;

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(6) Depending on the circumstances, a fine of less than 5% of the illegal business revenue or less than five times of the profits obtained from the infringement may be imposed.

2. Legal basis: Article 63 of the Trademark Law of the People's Republic of China

The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the rights holder's compensation for the infringement. The actual loss suffered is determined; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when 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. , information; if the infringer fails to provide or provides false account books and information, 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 RMB 5 million based on the circumstances of the infringement. the following compensation.

When hearing trademark dispute cases, the People's Court shall, at the request of the right holder, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed. Ordered to destroy without compensation; or in special circumstances, ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.

2. How to determine trademark infringement

The determination of trademark infringement is as follows:

1. Using another trademark on the same product without the permission of the trademark registrant Registered trademarks with the same trademark;

2. Use a trademark similar to the registered trademark on the same product without the permission of the trademark registrant, or use the same or similar trademark on similar products Trademarks that are likely to cause confusion;

3. Selling goods that infringe the exclusive rights of registered trademarks;

4. Forging or making without authorization registered trademarks of others or selling counterfeit or making without authorization Registered trademark logo;

5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market;

6. Intentionally infringing upon others Providing convenient conditions for the exclusive use of trademark rights and helping others to infringe the exclusive right to use trademarks;

7. Causing other damage to others’ exclusive right to use registered trademarks.