Legal Subjectivity:
my country’s Trademark Law clearly stipulates that if the exclusive right to use a trademark is infringed, the industrial and commercial administrative organs, which are departments specialized in trademark management, may follow the following statutory provisions: procedures to impose penalties. Penalties can be roughly divided into three types. The first and most direct one is to impose a fine. The second is to ask the infringer to stop the infringement, that is, to stop the loss in time. Third, if there are some problems with the amount of compensation and there is no way to solve them, you can ask a specialized mediation department to mediate the amount of compensation. Now I will give you a detailed introduction to the standards for punishment in these three situations. Since trademark rights are closely related to goods, infringement of trademark rights means infringement of the sales of the goods, causing consumers to buy the wrong goods with wrong understanding, so the profits are also very huge, so the amount of fines is correspondingly Relatively huge. Generally speaking, it can be divided into two situations, with 50,000 yuan as the dividing line. If the sales income is less than 50,000 yuan, a maximum fine of less than 250,000 yuan can be imposed. The specific amount of the fine will be determined by the court or the relevant administrative department based on the seriousness of the case and the illegal income of the infringer. If the sales amount reaches more than 50,000 yuan, the upper limit is not certain, and a fine of not more than five times the sales income can be imposed. This penalty is very serious. Generally speaking, the infringer's illegal gains and his or her previous personal property will be fined. In addition to fines, in order to prevent infringers from continuing to use counterfeit and shoddy trademarks to defraud, the infringers must also be ordered to stop infringement, which means they must no longer sell goods marked with fake and shoddy trademarks. This is to prevent the suspect from committing such illegal acts in the future, and also to eliminate future troubles for the owner of the trademark. The third situation is that if the two parties cannot reach an agreement on the amount of the fine, or if they have objections to the amount given by the industrial and commercial administration department, the two parties can negotiate to resolve it. If the negotiation fails, they can submit to arbitration or File a lawsuit with the People's Court, and the People's Court will determine the final amount. After the infringement is determined, the infringing party must pay compensation according to the court's determination, and deliver the money to the victim in the specified time and in the specified method. To sum up, penalties for trademark infringement will be subject to mediation first, and generally require compensation for the losses caused by the infringement. If there is no way to resolve the matter through mediation, the amount of compensation can also be mediated through a specialized mediation department. Legal objectivity:
Article 64 of the Trademark Law: If the owner of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the grounds that the owner of the exclusive right to the registered trademark has not used the registered trademark, the People's Court may require registration The trademark owner shall provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation. If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier.