Legal subjectivity:
Trademark infringement causes consumers to misunderstand and harms the interests of the public. The industrial and commercial administrative authorities can take administrative penalties, including ordering to stop the infringement and imposing fines. fine. That is, when the industrial and commercial administrative organs impose administrative penalties on trademark infringements, they can choose whether to impose penalties while ordering them to immediately stop the infringements. When the industrial and commercial administrative organs exercise this discretion, they should comprehensively consider the degree of subjective fault of the counterparty to be punished, the circumstances, nature, and Factors such as the consequences and the degree of harm determine whether to impose a fine on the counterparty as well as the amount of the fine. The industrial and commercial administrative department that handles the case may also mediate the amount of compensation for infringement of the exclusive right to use a trademark at the request of the parties. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law. Legal objectivity:
Article 60 of the Trademark Law of the People's Republic of China. If any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law cause a dispute, the parties shall be responsible for If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration 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.