Current location - Trademark Inquiry Complete Network - Trademark registration - Unauthorized use of trademarks
Unauthorized use of trademarks

The law is objective:

What are the penalties for using other people’s trademarks without authorization? If you have registered a trademark, others cannot register similar or similar trademarks in your category, nor can others Use of your trademark without permission. The following are the relevant provisions of the Trademark Law: Article 56: The exclusive right to register a trademark is limited to the approved registered trademark and the approved goods for use. Article 57: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant; (2) Failure to do so With the permission of the trademark registrant, a trademark similar to the registered trademark is used on the same kind of goods, or a trademark identical or similar to the registered trademark is used on similar goods, which is likely to cause confusion; (3) Sales that infringe the exclusive rights of the registered trademark goods; (4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market ; (6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to others’ exclusive rights to registered trademarks. Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a trade name in a company name to mislead the public and constitute an act of unfair competition shall be dealt with in accordance with the Anti-Unfair Competition Law of the People’s Republic of China and the State. . Article 59: If a registered trademark contains the common name, graphics, or model of the product, or directly represents the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the product, or contains a place name, the registered trademark shall be used exclusively The rights holder has no right to prohibit others from using it properly. The owner of the exclusive right to the registered trademark has no right to prohibit others from using the shape contained in a three-dimensional mark registered trademark due to the nature of the product itself, the shape of the product required to obtain technical effects, or the shape that makes the product of substantial value. Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the owner of the exclusive right to the registered trademark has no right to prohibit the user from using the original trademark. Continue to use the trademark within the scope of use, but you can require it to be attached with appropriate distinguishing marks. Article 60: If there is any infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law, and a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may submit If the People's Court files a lawsuit, it may also request the industrial and commercial administrative department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law. Article 62: When the industrial and commercial administration departments at or above the county level investigate and deal with suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations, they may exercise the following powers: (1) Question the relevant parties, investigate Situations related to infringement of the exclusive rights of others’ registered trademarks; (2) Investigation