For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may impose a fine of not more than 50% of the illegal business volume or not more than five times of the profits obtained from the infringement, depending on the circumstances.

The person directly responsible for the infringement unit may be fined up to 10,000 yuan according to the circumstances.

The legal basis for penalties for trademark infringement is as follows:

According to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may Take the following measures to impose penalties.

1. Order to stop infringement

①Order to stop sales immediately;

②Confiscate and destroy the infringing goods;

③Confiscate and destroy A tool specifically used to manufacture infringing goods and forge registered trademarks.

2. Imposition of a fine

For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of less than 50% of the illegal business volume or five times the profit gained from the infringement. A fine of not more than 10,000 yuan may be imposed on the person directly responsible for the infringement unit, depending on the circumstances.

3. Mediate on the amount of compensation

The industrial and commercial administrative department that handles the case may, at the request of the parties, mediate on the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties concerned shall You can file a lawsuit with the People's Court in accordance with the law.

Extended information:

Article 213 of the Criminal Law of the People's Republic of China: Counterfeiting a registered trademark:

Unregistered trademark If the owner authorizes the use of the same trademark as the registered trademark on the same kind of goods, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined;

If the circumstances are particularly serious, he shall be sentenced The offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 214: The crime of selling goods with counterfeit registered trademarks:

Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to a fixed term of not more than three years. Imprisonment or criminal detention, and concurrently or solely a fine; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 215: The crime of illegally manufacturing and selling illegally manufactured registered trademarks:

Forging or unauthorized manufacturing of other people’s registered trademarks or selling forged or unauthorized registered trademarks logo.

If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Reference: Baidu Encyclopedia - Criminal Law of the People's Republic of China and the People's Republic of China