civil liability of trademark infringement

According to Article 118 of the General Principles of the Civil Law, if the trademark right is infringed, it has the right to demand to stop the infringement, eliminate the influence and compensate for the losses. According to Article 53 of the Trademark Law, the infringed may demand that the infringer immediately stop the infringement and compensate the losses. Among them, the amount of tort compensation refers to the benefits gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the first two are difficult to determine, the people's court will award compensation of less than 500,000 yuan according to the circumstances of infringement. Trademark registrants or interested parties who have evidence to prove that others are committing or will commit acts that infringe on their exclusive right to use a registered trademark, if they do not stop in time, will cause irreparable damage to their legitimate rights and interests, they may apply to the people's court for measures to order them to stop the relevant acts and preserve their property before bringing a lawsuit.

Administrative punishment of trademark infringement

According to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures to punish the infringement of the exclusive right to use a registered trademark.

(1) ordered to stop the infringement.

Specific measures are as follows:

(1) ordered to stop selling immediately;

(2) Confiscating and destroying infringing articles;

(3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks.

(2) Impose a fine

If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 6,543.8+0,000 yuan according to the circumstances.

If a party refuses to accept the above two treatments, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.

(three) the amount of compensation for infringement of the exclusive right to use a trademark mediation

The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court according to law.