1. What is the fine for infringing the font size?
1. According to the provisions of the Trademark Law, when investigating trademark infringement, the administrative department for industry and commerce determines that the infringement is established. Punishment measures include stopping the infringement, confiscating the illegal income if there is illegal income, confiscating the tools for committing crimes, and imposing a fine according to a certain multiple of the amount of illegal income.
2, the circumstances of trademark infringement, according to the provisions of the criminal law, should be investigated for criminal responsibility for the crime of counterfeiting registered trademarks.
3. If there is a dispute between the infringed and the infringer on the issue of tort compensation, it can be solved by bringing a civil lawsuit.
The punishment of trademark infringement involves two aspects:
1, administrative penalty;
2. Criminal punishment.
Therefore, how to punish depends on the infringement. In addition to the responsibility of punishment, the infringer also needs to bear the responsibility of civil compensation.
Second, the elements that constitute trademark infringement
Having the following four constitutive requirements constitutes the infringement of selling counterfeit registered trademark goods:
1. There must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks;
2. There must be the fact of damage, that is, the behavior of the actor selling counterfeit trademark goods has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts.
3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks.
4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.
Third, the types of trademark infringement
According to Article 57 of the Trademark Law of People's Republic of China (PRC), seven acts of infringing the exclusive right to use a registered trademark are stipulated:
1. Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
2. Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods, is likely to cause confusion;
3. Selling goods that infringe the exclusive right to use a registered trademark;
4. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization;
5. Changing its registered trademark without the consent of the trademark registrant, and putting the goods with the changed trademark on the market again;
6. Deliberately providing convenience for infringing upon the exclusive right to use a trademark of others and helping others to infringe upon the exclusive right to use a trademark;
7. Causing other damage to the exclusive right to use a registered trademark of others.
In the case of trademark infringement, the infringer usually has to bear the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement also has to bear the liability for compensation, and if the circumstances are serious, he has to bear criminal responsibility.