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Trademark infringement fine standards

Legal analysis: For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may impose a fine of less than 50% of the illegal business revenue or less than five times the profits gained from the infringement according to the circumstances; The person directly responsible may be fined up to 10,000 yuan depending on the circumstances. If the party concerned is dissatisfied with the above two measures, the party concerned may file a lawsuit in the People's Court in accordance with the regulations within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement. The specific measures are as follows: 1. Order to stop sales immediately; 2. Confiscate and destroy infringing goods; 3. Confiscate and destroy tools specifically used to manufacture infringing goods and counterfeit registered trademarks.

Legal basis: "Trademark Law of the People's Republic of China"

Article 53 Violation of the provisions of Article 14, paragraph 5, of this Law shall be investigated by the local industrial and commercial administration The management department ordered correction and imposed a fine of 100,000 yuan.

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark: (1) The degree of awareness of the trademark by the relevant public; (2) The duration of use of the trademark; (3) The duration, extent and geographical scope of any publicity work for the trademark; (4) ) Records that the trademark is protected as a well-known trademark; (5) Other factors that make the trademark famous. During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case. During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case. During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. Producers and operators are not allowed to use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.