1. What should I do if I infringe on other people’s trademark rights?

Those who infringe on other people’s trademark rights must bear infringement liability according to law. If the circumstances are serious, they will be sentenced.

"Civil Code"

Article 1,165 Principle of Fault Liability If an actor causes damage due to his fault in infringing upon the civil rights and interests of others, he shall bear tort liability.

According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.

2. What are the crimes of trademark infringement?

1. The crime of counterfeiting registered trademarks.

Anyone who uses the same trademark as his registered trademark on the same goods or services without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also be fined or shall be fined; in special circumstances If serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

2. The crime of selling goods with counterfeit registered trademarks.

Whoever knowingly sells goods that are counterfeit registered trademarks, and the amount of illegal gains is relatively large, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined; if the amount of illegal income is huge or there are other special If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

3. The crime of illegally manufacturing and selling illegally manufactured registered trademarks.

Whoever forges or manufactures others’ registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or shall be fined; if the circumstances are particularly serious, shall be sentenced to The offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

4. If an entity infringes trademark rights and constitutes a crime, the double penalty system shall apply.

3. What conditions are met for a compensation agreement for trademark infringement to be valid?

(1) The perpetrator has corresponding civil capacity;

(2) The meaning is true;

(3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

4. What are the common trademark infringement behaviors?

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant; < /p>

(2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

(6) Intentionally infringing the exclusive rights of others’ trademarks Providing convenient conditions for the act to help others commit acts that infringe upon the exclusive right to use a trademark;

(7) Causing other damage to the exclusive right to use a registered trademark of others.

If a trademark infringement is discovered, the infringing party can also take the initiative to negotiate with the infringed party before the relevant administrative departments intervene. If a compensation agreement can be reached, it may face corresponding administrative penalties. of. If a trademark registrant discovers that his trademark has been infringed, he can complain to the administrative department as soon as possible.