The "Trademark Law of the People's Republic of China" provides specific penalties for trademark infringement as follows:
1. Order to stop infringement. Specific measures are as follows:
(1) Order an immediate cessation of sales;
(2) Confiscate and destroy infringing goods;
(3) Confiscate and destroy goods specifically used to manufacture infringing goods and counterfeit registered trademarks. tool.
2. Impose a fine. 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 obtained from the infringement according to the circumstances; the person directly responsible for the infringement unit may be fined up to 1% according to the circumstances. Fines of up to 10,000 yuan. If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receipt of the notice. If you fail to file a lawsuit within the time limit and fail to perform, the industrial and commercial administration agency will apply to the People's Court for compulsory enforcement;
3. Mediate the amount of compensation for infringement of the exclusive right to use a trademark. The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights 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 basis: Article 10 of the Trademark Law of the People's Republic of China
The following signs shall not be used as trademarks:
(1) Same as China The name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China are the same as or similar to those of the People's Republic of China, as well as the names, signs of central state organs, the names of specific places where they are located, or landmark buildings. The names and graphics are the same;
(2) The same or similar names, national flags, national emblems, military flags, etc. of foreign countries, except with the consent of the government of that country;
(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public; The official signs and inspection marks are the same or similar, except those authorized;
(5) The names and signs of the "Red Cross" and "Red Crescent" are the same or similar;
(6) It is ethnically discriminatory;
(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its origin;
(8) Harmful to socialist morals or have other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.