Legal subjectivity:

Trademarks are intangible assets. In today's fierce business competition, the fight for trademarks is indispensable. Companies will try their best to apply for registered trademarks. If the trademarks are similar or identical, it will cause trademark infringement disputes. 1. Trademark Infringement Punishment Procedure When a trademark owner discovers that his trademark rights have been infringed, he may submit a processing request to the industrial and commercial administration department at or above the county level, and the industrial and commercial administration department shall make the following dispositions in accordance with the authority: (1) Immediately order the infringer to stop sales and use. Products with the same or similar trademarks. (2) Destroy and confiscate the infringer’s trademark logo. (3) Eliminate the infringing trademark on the infringer’s current products and prohibit its re-use. (4) The printing plates, molds and corresponding tools used when printing the infringing trademark shall be confiscated together. (5) If the above measures still fail to stop the infringement, or the infringement related to the goods has not stopped, the industrial and commercial administration department will order and supervise the infringer to destroy the infringing goods. (6) In addition to the above, a financial fine will also be imposed depending on the severity of the case. The amount is less than 5% of the illegal business volume, or a fine of less than five times the profit. The person directly responsible for the relevant infringing unit shall be fined not more than 10,000 yuan. And also compensate the infringed party for all losses. 2. Relevant standards for punishment of trademark publicity infringement According to the provisions of the Trademark Law, compensation for trademark infringement is determined based on the actual losses suffered by the right holder due to the infringement. If the loss is difficult to determine, it is determined based on the benefits obtained by the infringer due to the infringement. Article 63 of the "Trademark Law of the People's Republic of China" stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be based on the actual losses suffered by the infringer due to the infringement. The benefits obtained are determined; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. 3. How to punish similar trademark infringement in the Civil Code. The Civil Code does not provide for the punishment of similar trademark infringement. However, the "Trademark Law" stipulates that if a trademark is similar to infringement, the trademark management department will impose corresponding penalties based on the circumstances of the infringement. For example, illegal gains may be confiscated. Fines etc. Relevant legal provisions: Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law. If a dispute arises, it shall be resolved by negotiation between the parties; if the parties are unwilling to negotiate, Or if negotiation fails, the trademark registrant or interested party may file a lawsuit in 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. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.

The above is an introduction to the penalty procedures for trademark infringement. I hope it will be helpful to you. After trademark infringement occurs, we should take up legal weapons and pursue legal liability. The specific requirements for compensation from the other party and the amount of fines need to be further differentiated and selected based on the actual situation. Legal objectivity:

For those who infringe the exclusive right to register a trademark, in accordance with Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may take the following measures Give punishment. (1) The specific measures for ordering to stop infringement 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. (2) Imposition of fines. For those who infringe the exclusive right to use a registered trademark but have not yet constituted a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of less than 50% of the illegal business revenue or less than five times the profits obtained from the infringement; the person directly responsible for the infringement unit shall be fined. A fine of up to 10,000 yuan may be imposed depending on the circumstances. 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 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. (3) The industrial and commercial administrative department that mediates the amount of compensation for infringement of the exclusive right to use a trademark may, at the request of the parties, mediate the amount of compensation for the infringement of the exclusive right to use a trademark. If mediation fails, the party concerned may file a lawsuit in the People's Court in accordance with the law.