Legal analysis: First negotiate with the trademark owner. To impose a fine from the Industrial and Commercial Bureau, you can only negotiate with it or stuff it with illegal money. The court generally determines the amount of punishment based on its sales volume. A trademark is a commercial identifier that distinguishes the source of goods or services. With the further development of the economy, market competition has further intensified, coupled with factors such as local protection and the crazy pursuit of profits from infringement, trademark infringements occur from time to time. Infringement will not only affect the victim's reputation, but also cause certain economic losses. Therefore, the infringed party can demand compensation according to law and require the other party to immediately stop the infringement. If the infringing party takes the initiative after committing the infringement, After negotiating with the infringed party and obtaining understanding, the punishment can be appropriately reduced.
Legal basis: "Trademark Law of the People's Republic of China"
Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) ) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar products The use of trademarks that are identical or similar to the registered trademark on the goods may easily lead to confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling forged or unauthorized registered trademarks mark; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market; (6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to infringe the exclusive rights of trademarks (7) causing other damage to the exclusive right to use registered trademarks of others.
Article 60 If any dispute arises due to any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, an interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.