What's the penalty for counterfeiting trademarks? Is there any difference between the crime of counterfeiting patents and the crime of counterfeiting trademarks? Xiaobian shares the crime of counterfeiting trademarks with everyone, welcome to read, for reference only! The difference between the crime of counterfeiting patents and the crime of counterfeiting trademarks

The crime of counterfeiting patents refers to the act of infringing on the patent rights and interests of others or units with the purpose of obtaining illegal benefits, violating the national patent management regulations and passing off the patents granted by others or units within the valid period of patents stipulated by law. So-called? Serious circumstances? , refers to one of the following circumstances: (1) the amount of illegal business is more than 2 thousand yuan or the amount of illegal income is more than 1 thousand yuan; (2) Causing direct economic losses of more than 5, yuan to the patentee; (3) Counterfeiting two or more patents of others, with an illegal business amount of more than 1, yuan or an illegal income amount of more than 5, yuan. According to Article 216 of the Criminal Law, whoever imitates another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined. Article 22 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each article of this section.

the crime of counterfeiting a registered trademark refers to a serious act of using the same trademark on the same commodity without the permission of the registered trademark owner in violation of trademark management regulations. So-called? Serious circumstances? , refers to one of the following circumstances: (1) the amount of illegal business is more than 5 thousand yuan or the amount of illegal income is more than 3 thousand yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 3, yuan or an illegal income amount of more than 2, yuan; (3) Other serious acts. ? Illegal business amount? , refers to? What is the value of the infringing products manufactured, stored, transported and sold by the actor in the process of infringing intellectual property rights? . According to Article 213 of the Criminal Law, if a trademark identical to its registered trademark is used on the same commodity without the permission of the registered trademark owner, 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 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. Article 22 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of each article of this section.

the object of the crime of counterfeiting patent is the patent right of others and the national patent management system, while the object of the crime of counterfeiting trademark is the exclusive right of others and the national trademark management system.

objectively speaking, the crime of counterfeiting patent is to mark the patentee's patent mark or patent number on non-patented products or packaging without the permission of the patentee, while the crime of counterfeiting trademark is to use the same trademark as the registered trademark of others in the same business without the permission of the registered trademark owner. How to protect trademark rights?

administrative protection of trademark rights

concept: administrative protection of trademark rights refers to the administrative law enforcement activities in which the state trademark administration authorities, according to their functions and powers, order trademark infringers to stop infringing, compensate losses and punish them according to the provisions of the Trademark Law.

features: timely and effective protection; The measures are diverse and powerful; Flexible and active startup; The cost is low.

judicial protection of trademark rights

concept: in a narrow sense, judicial protection of trademark rights refers to the litigation activities in which the people's courts apply civil litigation procedures to try trademark infringement cases (including enforcement) and order the infringer to bear civil legal responsibilities, thus protecting the legitimate rights and interests of trademark owners. The judicial protection of trademark rights in a broad sense also includes criminal trial activities to deal with trademark crimes and administrative litigation activities to supervise trademark administrative law enforcement.

Features:

First, the judicial protection of trademark rights is a passive protection upon request, which follows? Don't tell me? The principle requires the trademark owner to take the initiative to seek relief from the judicial organs before taking measures.

second, the judicial protection of trademark rights is mainly based on the trademark law, and the civil law and its principles are its main legal sources.

Third, in the process of judicial protection of trademark rights, stopping infringement and compensating losses are the core and key links of various forms of civil liability stipulated by law, and also the fundamental interests of victims in bringing civil proceedings.

fourthly, the administrative litigation can be used to seek judicial protection for the objections and disputes about trademark confirmation.

Trademark infringement

Concept: Trademark infringement refers to the act of using a trademark identical with or similar to a registered trademark on the same or similar goods or services without the permission of the trademark owner in commercial activities or for commercial purposes, which infringes on the legitimate rights and interests of the trademark owner.

constitutive requirements: there are four requirements for the establishment of trademark infringement.

first, there must be illegal behavior. That is to say, the actor objectively uses a registered trademark without obtaining the permission of the trademark owner or other legal basis, and his behavior is illegal. It is not illegal for an actor to use a trademark without the authorization or permission of the trademark registrant at the beginning, but to get the permission or ratification afterwards, or for the trademark registrant to ignore it and express his acquiescence after learning of this situation.

second, there must be damaging results. Trademark right is an intangible intellectual property right, and the damage result may be tangible material damage, intangible economic loss or both. Specifically, it can be manifested in the decline in sales of trademark owners' products, the decrease in profits, the increase in production costs due to the suppression of infringement, the decline in trademark credibility, and complaints from consumers.

thirdly, there is a causal relationship between the damage consequence and the illegal act, that is, the damage consequence is directly caused by the illegal act. This causal relationship is diverse and has direct causal relationship, such as the act of counterfeiting registered trademarks; There is also an indirect causal relationship, such as providing convenient conditions such as warehousing, transportation, mailing and concealment for infringement. If the damage result is caused by a series of acts, that is, the case of multiple causes and one effect, such as the actor forging a trademark logo, the middleman responsible for transportation, and the seller selling goods with counterfeit registered trademarks, the perpetrator may become an infringer, which constitutes trademark infringement.

fourth, the actor is subjectively at fault, including intentional and negligent. Intention means that the actor subjectively knows that another person's trademark has been approved and registered and he has no right to use it, but still uses the same or similar trademark with another person's registered trademark on the same or similar goods; Negligence means that the actor still uses the same or similar trademark with the registered trademark of others on the same or similar goods when he should know subjectively that the trademark of others has been approved for registration.

Specific performance:

1. Using a trademark similar to or similar to its registered trademark on the same kind of goods or similar goods without the permission of the registered trademark owner;

2. selling goods that are known to be counterfeit registered trademarks;

3. Forge or make another person's registered trademark logo without authorization or sell the forged or made registered trademark logo without authorization;

4. Deliberately providing convenience for the infringement of the exclusive right to use a registered trademark;

5. causing other damages to others' exclusive right to use a registered trademark.

termination of trademark rights

1. Due to the expiration of the legal validity period of a registered trademark and the failure to renew the registration, the registered trademark was cancelled and the trademark rights were terminated.

2. The trademark right is terminated because the trademark registrant automatically applies for cancellation of registration.

3. The trademark right is terminated due to the dispute over the registered trademark and the cancellation of the registered trademark by the Trademark Review and Adjudication Board.

4. The trademark right is terminated due to the death or termination of the trademark registrant.

5. The trademark right is terminated due to improper registration, cancellation of registration by the Trademark Office or cancellation of registration by the Trademark Review and Adjudication Board.

6. The trademark registrant was revoked by the Trademark Office for violating the provisions of the Trademark Law, resulting in the termination of the trademark right.

how to protect the trademark rights of enterprises

1. Train employees in trademark and other intellectual property rights, and formulate corresponding rules and regulations to raise awareness of trademark protection.

2. entrust trademark agencies and professionals to monitor the operation of trademarks in real time all the year round to help enterprises establish an efficient intellectual property management system.

3. Apply for well-known trademarks when conditions are ripe, and expand the scope and intensity of trademark protection.

4. At the same time, enterprises should learn about the operation of the market through various channels, resort to legal means and take necessary measures in time for trademark infringement, and investigate the infringer's civil liability and even criminal liability when necessary.

The above is the crime of counterfeiting trademarks provided by Xiaobian. I hope you will like it! counterfeit trademark