1. What are the legal provisions on trademark infringement?
1, Trademark Law of People's Republic of China (PRC)
Chapter VII Protection of the Exclusive Right to Use Registered Trademarks
Article 51 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.
Article 52 Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others.
Article 56 The amount of compensation for infringement of the exclusive right to use a trademark refers to the interests gained by the infringer or the losses suffered by the infringer during the infringement, including the reasonable expenses paid by the infringer to stop the infringement.
If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 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 can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation.
2. Regulations for the Implementation of People's Republic of China (PRC) Trademark Law
Article 50 Any of the following acts is an act of infringing the exclusive right to use a registered trademark as mentioned in Item (5) of Article 52 of the Trademark Law:
(1) It is misleading to use marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on the same or similar commodities;
(2) Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment. For infringing upon the exclusive right to use a registered trademark of others.
Article 51 Anyone who infringes upon the exclusive right to use a registered trademark may complain or report to the administrative department for industry and commerce.
Article 52 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 illegal business amount cannot be calculated, the fine amount shall be less than 654.38+10,000 yuan.
Article 53 If the trademark owner thinks that others may deceive the public or cause misunderstanding to the public by registering his well-known trademark as the enterprise name, he may apply to the enterprise name registration authority for cancellation of the enterprise name registration. The competent authority of enterprise name registration shall handle it in accordance with the Provisions on the Administration of Enterprise Name Registration.
Second, the performance of trademark infringement
1. Use 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.
"Use" here refers to any act of linking a trademark with a commodity, mainly through printing, pressing, spraying, etc. , directly display the trademark on the goods or paste the goods with the trademark on the goods. The former is a trademark on unpackaged soap, while the latter is a trademark on most commodity packages. In addition, the use of trademarks in commercial documents and commercial advertisements also belongs to the use of trademarks.
2. Selling goods that infringe the exclusive right to use a registered trademark.
As a commodity distributor, you can sell a single commodity or thousands of commodities. Dealers can't know the trademark registration of each commodity, and they can't distinguish the authenticity of all commodities. Therefore, while the law stipulates that selling goods that infringe the exclusive right to use a registered trademark is an act of infringing a registered trademark, in order to protect the legitimate interests of legitimate business operators, the law has made special provisions on the tort liability of commodity sellers, that is, people who do not know that selling goods that infringe the exclusive right to use a registered trademark can prove the legitimate source of the goods and are not liable for compensation. However, if you can't prove the legal source or intention of the goods, that is, you know that you are selling goods that infringe the exclusive right to use a registered trademark, you should be liable for compensation.
3. Forging or manufacturing a registered trademark of another person without authorization or selling a forged or manufactured registered trademark of another person without authorization.
Forgery refers to the manufacture of registered trademarks of others by copying or imitating without the knowledge and authorization of the registrant; Unauthorized manufacture generally refers to the act of manufacturing a trademark without the authorization of a trademark registrant, although there is a trademark licensing relationship with the trademark registrant or a relationship of entrusting the printing of a trademark logo.
4, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again.
This kind of behavior is usually called "reverse counterfeiting", and its harm lies in preventing others from using registered trademarks.
5, in the same kind of goods or similar goods, the same as or similar to the registered trademark of others as a commodity name or commodity decoration, misleading the public.
According to the explanation of the relevant departments, "misleading the public" does not need actual misidentification, as long as its use may cause misidentification, it constitutes infringement.
6. Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment, due to infringement of the exclusive right to use registered trademarks of others.
The premise of this kind of behavior is that the actor has subjective intention, otherwise it does not constitute infringement.
7, causing other damage to the exclusive right to use a registered trademark of others.
This kind of behavior has no exact extension, but is actually an authorization for law enforcement. With this authorization, law enforcers can punish trademark infringements other than those mentioned above and prevent criminals from taking advantage of loopholes.