1. What is the general fine for trademark infringement?
The provisions of the fine for trademark infringement are: if the illegal business amount is more than 50 thousand yuan, a fine of less than 5 times the illegal business amount can be imposed; If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed. Whoever infringes the exclusive right to use a trademark twice or more within five years or has other serious circumstances shall be given a heavier punishment. The seller doesn't know that the goods infringe the exclusive right to use a registered trademark, but can prove that the goods are legally obtained by himself and explain to the supplier, and the administrative department for industry and commerce shall order him to stop selling.
Second, what is the concept of trademark infringement
Trademark infringement refers to trademark infringement, which means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or interferes with or hinders the trademark owner from using its registered trademark, which damages the legitimate rights and interests of the trademark owner. The act of bearing the liability for compensation is to bear the liability for compensation. The infringer usually bears the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement is also liable for compensation. If the circumstances are serious, they shall also bear criminal responsibility. China's criminal law has special provisions on intellectual property crimes.
Three, the four elements of trademark infringement
Having the following four constitutive requirements constitutes the infringement of selling counterfeit registered trademark goods:
1. There must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks;
2. There must be the fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts.
3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks.
4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.
As a common dispute in modern society, trademark infringement needs to be paid enough attention. At present, many individuals and enterprises have a strong sense of protection of trademark ownership owned by individuals. Once trademark infringement happens, they need to report it immediately, leaving no room for criminals to commit crimes and must accept severe punishment.