Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to punish selling high imitation shoes?
How to punish selling high imitation shoes?
The fine for selling high imitation shoes is less than 3 times of the illegal business amount.

According to the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC):

Article 50? One of the following acts is an infringement of the exclusive right to use a registered trademark as stipulated in Item (5) of Article 52 of the Trademark Law:

(1) It is misleading to use marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on the same or similar commodities;

(2) Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment. For infringing upon the exclusive right to use a registered trademark of others.

Article 52? Infringement of the exclusive right to use a registered trademark, punishable by a fine of less than 3 times the amount of illegal business; If the illegal business amount cannot be calculated, the fine amount shall be less than 654.38+10,000 yuan.

Extended data

The Detailed Rules for the Implementation of the Trademark Law of People's Republic of China (PRC) stipulates that:

Article 78? The following factors may be considered in calculating the amount of illegal business as stipulated in Article 60 of the Trademark Law:

(1) The selling price of the infringing goods;

(2) The price of unsold infringing goods;

(3) The average price of the infringing goods actually sold has been determined.

Article 80 If a seller does not 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 the supplier, the administrative department for industry and commerce shall order him to stop selling and notify the administrative department for industry and commerce where the supplier of the infringing goods is located.

Article 81 Where the ownership of a registered trademark involved in the case is being tried by the Trademark Office, the Trademark Review and Adjudication Board or the people's court, and the outcome of the case may affect the nature of the case, the ownership of the trademark as stipulated in the third paragraph of Article 62 of the Trademark Law is in dispute.

Article 82 In the process of investigating trademark infringement cases, the administrative department for industry and commerce may require the obligee to identify whether the goods involved are produced by the obligee or products licensed by the obligee.

Guangzhou Haizhu District State-owned Property Rights Transaction Column-Regulations for the Implementation of People's Republic of China (PRC) Trademark Law