1. What is the fine standard for illegally dealing in infringing products?
According to the relevant provisions of trademarks, the infringed may request the administrative department for industry and commerce at or above the county level to handle trademark infringement, and the administrative department for industry and commerce has the right to take the following measures:
(1) ordered to stop selling immediately;
(2) Accepting and destroying infringing trademark marks;
(3) Eliminating infringing trademarks on existing commodities;
(four) the collection of molds, plates or other tools directly used for trademark infringement;
(five) the first four measures are not enough to stop the infringement, or it is difficult to separate the infringement from the goods, and order and supervise the destruction of the infringing goods;
(6) according to the circumstances, impose a fine of less than 5% of the illegal business amount or less than 5 times of the profit from infringement. The person directly responsible for infringing the exclusive right to use a registered trademark may be fined not more than 10,000 yuan according to the circumstances. Finally, trademark infringement refers to the use of the same or similar trademark on the same or similar goods without the permission of the trademark registrant.
Industrial and commercial investigation of trademark infringement can be divided into the following four types:
(1) Use the same trademark as the registered trademark of others on the same commodity;
(2) using a trademark similar to the registered trademark of others on the same commodity;
(3) using the same trademark as its registered trademark on similar goods;
(4) using a trademark similar to the registered trademark of others on similar goods.
The first behavior is counterfeiting, and the other three are counterfeiting.
Counterfeiting a registered trademark is the most serious violation of the exclusive right to use a trademark. If the circumstances are serious, criminal responsibility shall be investigated according to law.
Second, the defendant trademark infringement?
If it constitutes infringement, you can entrust a lawyer to verify the real quantity of the goods according to law and request a lighter or mitigated punishment. It is suggested to consult or entrust a lawyer as a defender in time, meet with detainees, collect favorable evidence materials, defend according to law, and strive for the best result of lighter and mitigated punishment. The sentencing of the crime of infringing a registered trademark focuses on the amount involved, which needs to be judged according to the specific case.
If it is not a real infringement, then you need to prepare a lot of things and collect relevant evidence, such as the notice of acceptance or trademark registration certificate of the trademark you use, the publicity or advertising materials of your own trademark, and the invoices for goods entering and leaving.
To sum up, illegal operation of infringing products violates China's legal provisions. As long as this behavior constitutes a certain amount, the offender will bear the corresponding fine, but the standard of fine will be judged according to the amount of illegal income. So you can't use other people's products indiscriminately, or you will pay the corresponding price.