Types of trademark infringement

First of all, Article 52 of the Trademark Law stipulates five kinds of infringement of the exclusive right to use a registered trademark:

(1) Using a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant.

(2) selling goods that infringe the exclusive right to use a registered trademark;

(3) forging, unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(4) changing the registered trademark of a trademark registrant and putting the goods with the changed trademark on the market again without the consent of the trademark registrant. This kind of behavior is also called? Reverse counterfeiting? .

(5) causing other damage to the exclusive right to use a registered trademark of others.

Secondly, according to Article 5 of the Regulations for the Implementation of the Trademark Law, any of the following acts is an act of infringing on the exclusive right to use a registered trademark as mentioned in Item (5) of Article 52 of the Trademark Law:

(1) misleading the public by using the same or similar mark as another person's registered trademark on the same or similar goods;

(2) Deliberately providing convenient conditions such as storage, transportation, mailing and concealment for the infringement of the exclusive right to use a registered trademark of others.

Third, it is stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes: the following acts are acts that cause other damages to others' exclusive right to register a trademark as stipulated in Item (5) of Article 52 of the Trademark Law:

(1) The words that are the same as or similar to others' registered trademarks are prominently used on the same or similar goods as the company's font size, which is easy to mislead the relevant public;

(2) Copying, imitating or translating a well-known trademark registered by others or its main parts used as trademarks on different or dissimilar goods, misleading the public and possibly damaging the interests of the registrant of the well-known trademark;

(3) registering words that are identical or similar to other people's registered trademarks as domain names, and conducting related commodity transactions through the domain names, is likely to mislead the relevant public.

legal liability for infringement of trademark rights

1. Civil liability

Article 56 of the Trademark Law stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed person during the infringement period, including the reasonable expenses paid by the infringed person to stop the infringement.

if the infringer gains benefits from infringement as mentioned in the preceding paragraph, or the infringee's losses due to infringement are difficult to determine, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement.

if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you will not be liable for compensation if you can prove that the commodity was legally obtained by yourself and explain the supplier.

Article 21 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that in the trial of disputes over the exclusive right to use a registered trademark, the people's court may, in accordance with the provisions of Article 134 of the General Principles of the Civil Law and Article 53 of the Trademark Law and the specific circumstances of the case, judge the infringer to bear civil liabilities such as stopping the infringement, removing obstacles, eliminating dangers, compensating losses, eliminating influences, etc., and may also impose fines, confiscate infringing goods, forged trademark marks and products specially used for the production of infringing goods. The amount of the fine may be determined with reference to the Regulations for the Implementation of the Trademark Law of the People's Republic of China.

in addition, if the administrative department for industry and commerce has imposed administrative punishment on the same act of infringing the exclusive right to use a registered trademark, the people's court will no longer impose civil sanctions.

according to the above provisions, the civil liabilities for infringement of trademark rights mainly include: stopping the infringement, compensating for losses, apologizing and eliminating the influence.

2. Administrative responsibilities

Article 53 of the Trademark Law stipulates that if any of the acts listed in Article 52 of this Law infringes on the exclusive right to use a registered trademark and causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a suit in a 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 of handling; If the infringer neither brings a suit nor performs it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties concerned, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 52 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China stipulates that the amount of fine for infringement of the exclusive right to use a registered trademark shall be less than 3 times of the illegal business amount; If the amount of illegal business cannot be calculated, the fine shall be less than 1, yuan.

according to the above provisions, the administrative responsibilities for infringement of trademark rights mainly include: ordering to stop the infringement immediately, confiscating and destroying infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined.

3. Criminal liability

(1) Crime of counterfeiting a registered trademark

If a trademark identical to its registered trademark is used on the same commodity without the permission of the owner of the registered trademark, 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 shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

it is stipulated in article 213th of the criminal law to use a trademark identical to its registered trademark on the same commodity without the permission of the registered trademark owner in any of the following circumstances? Serious circumstances? , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also or only be fined:

(1) The amount of illegal business operation is more than 5, yuan or the amount of illegal income is more than 3, yuan;

(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 3, yuan or an illegal income of more than 2, yuan;

(3) Other serious circumstances.

under any of the following circumstances, it belongs to the provisions of article 213th of the criminal law? The circumstances are particularly serious? , should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of counterfeiting a registered trademark, and be fined:

(1) the amount of illegal business operations is more than 25, yuan or the amount of illegal income is more than 15, yuan;

(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 15, yuan or an illegal income of more than 1, yuan;

(3) Other circumstances with particularly serious circumstances

(2) The crime of forging or making a registered trademark of another person without authorization or selling a forged or made registered trademark without authorization.

whoever forges or makes another person's registered trademark logo without authorization or sells the forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

forging or manufacturing a registered trademark of another person without authorization or selling a forged or manufactured registered trademark belongs to the provisions of article 215th of the criminal law in any of the following circumstances? Serious circumstances? , shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance for the crime of illegally manufacturing or selling illegally manufactured registered trademark marks, and shall also be fined:

(1) Forging, manufacturing or selling forged or manufactured registered trademark marks without authorization is more than 2, pieces, or the illegal business amount is more than 5, yuan, or the illegal income amount is more than 3, yuan;

(2) Forging, manufacturing or selling more than 1, forged or manufactured registered trademarks without authorization, or the illegal business amount is more than 3, yuan, or the illegal income amount is more than 2, yuan;

(3) Other serious circumstances.

under any of the following circumstances, it belongs to the provisions of article 215th of the criminal law? The circumstances are particularly serious? (1) Forging, manufacturing or selling forged or manufactured registered trademark marks without authorization is more than 1, pieces, or the illegal business amount is more than 25, yuan, or the illegal income is more than 15, yuan;

(2) Forging, manufacturing or selling more than 5, forged or manufactured registered trademarks, or the illegal business amount is more than 15, yuan, or the illegal income amount is more than 1, yuan;

(3) Other particularly serious circumstances.

(3) Crime of selling counterfeit registered trademarks

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

Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is more than 5, yuan belongs to Article 214 of the Criminal Law? A large amount? , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also or only be fined.

if the sales amount is more than 25, yuan, it is stipulated in article 214th of the criminal law? Huge amount? , should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks and fined.