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How to deal with the infringement of counterfeit trademarks
Measures to deal with the infringement of counterfeit trademarks: The infringed person may lodge a complaint with the administrative department for industry and commerce. When the administrative department for industry and commerce handles the case, if the infringement is found to be established, it shall be ordered to immediately stop the infringement and confiscate the tools for forging registered trademarks. If the amount of illegal income is relatively large or there are other serious circumstances, it constitutes a crime. He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also or only be fined. If the amount of illegal income is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. The crime of counterfeiting a registered trademark is the act of using the same trademark on the same commodity without the permission of the registered trademark owner. Without permission, it is one of the contents of the exclusive right to use a registered trademark that is the same as or similar to the registered trademark of others.

1. Ways to deal with trademark infringement:

1. Accuse or report to the administrative department for industry and commerce at or above the county level where the infringer is located or where the infringement occurs.

2. The infringed person may also directly bring a suit in a people's court, or bring a suit in a people's court if he is dissatisfied with the handling by the administrative department for industry and commerce.

the principle of acceptance is different.

3. The administrative department for industry and commerce should "actively investigate and deal with" trademark infringement, even if no one accuses or reports it, in order to protect consumers' interests, stop unfair competition and maintain normal social economic order. The people's courts implement the principle of "not suing and ignoring". The people's court shall not handle trademark infringement cases unless they are prosecuted by the infringer.

second, the way to report counterfeiting:

1. The brand can complain to the administrative department for industry and commerce. After mastering the evidence, the brand can find the industrial and commercial bureau of the district or county where it is located or the nearest industrial and commercial bureau to report the infringer, and request the industrial and commercial department to investigate and deal with it. After confirming that the other party sells fake goods, the industrial and commercial bureau will severely punish it.

2. The brand can complain through the website. For example, the e-commerce platform, taking Taobao as an example, is the intellectual property protection platform, and the other is the 12315 network platform, which is equivalent to the online form of industrial and commercial reporting and can also play a role in safeguarding rights.

3. The brand can entrust others to make complaints. Because there are many blind spots in their own rights protection, brands are increasingly inclined to use third-party platforms to protect their rights. Professional third-party platforms can carry out targeted anti-counterfeiting rights protection and help brands save various costs.

Legal basis:

Article 61 of the Trademark Law of the People's Republic of China stipulates that the administrative department for industry and commerce has the right to investigate and deal with acts that infringe upon the exclusive right to use a registered trademark; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.