Infringement of the exclusive right to use a registered trademark may bring a suit or report to the administrative department for industry and commerce at or above the county level. 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 for punishment.
What are the administrative penalties for trademark infringement?
(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.
For trademark issues, please contact www.shewentm.com, the agency's trademark housekeeper network, or call 0 10-82685045.