Chapter VII Protection of the Exclusive Right to Use Registered Trademarks

Article 51 The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use.

Article 52 Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;

(2) selling goods that infringe upon the exclusive right to use a registered trademark;

(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(5) causing other damage to the exclusive right to use a registered trademark of others.

Article 56 The amount of compensation for infringement of the exclusive right to use a trademark refers to the interests gained by the infringer or the losses suffered by the infringer during the infringement, including the reasonable expenses paid by the infringer to stop the infringement.

If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation.

Regulations of People's Republic of China (PRC) Municipality on the Implementation of Trademark Law

Article 50 Any of the following acts is an act of infringing the exclusive right to use a registered trademark as mentioned in Item (5) of Article 52 of the Trademark Law:

(1) It is misleading to use marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on the same or similar commodities;

(2) Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment. For infringing upon the exclusive right to use a registered trademark of others.

Article 51 Anyone who infringes upon the exclusive right to use a registered trademark may complain or report to the administrative department for industry and commerce.

Article 52 The amount of fine for infringement of the exclusive right to use a registered trademark shall be less than 3 times of the illegal business amount; If the illegal business amount cannot be calculated, the fine amount shall be less than 654.38+10,000 yuan.

Article 53 If the trademark owner thinks that others may deceive the public or cause misunderstanding to the public by registering his well-known trademark as the enterprise name, he may apply to the enterprise name registration authority for cancellation of the enterprise name registration. The competent authority of enterprise name registration shall handle it in accordance with the Provisions on the Administration of Enterprise Name Registration.

The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of trademark civil disputes

(the Supreme People's Court Judicial Committee adopted the Interpretation [2002] No.32 at its meeting on June 5438+1October 2002)

In order to correctly hear trademark dispute cases, according to the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the Trademark Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC), some issues concerning the application of the law are explained as follows:

Article 1 The following acts are acts that cause other damage to the exclusive right to use a registered trademark of others as stipulated in Item (5) of Article 52 of the Trademark Law:

(1) Significantly using words identical with or similar to other people's registered trademarks as enterprise names on the same or similar goods, which may mislead the relevant public;

(2) Copying, imitating or translating a well-known trademark registered by others or a major part of it as a trademark on different or dissimilar goods, misleading the public and possibly harming the interests of the registrant of the well-known trademark;

(3) It is easy to mislead the relevant public by registering words identical with or similar to other people's registered trademarks as domain names and conducting e-commerce of related commodities through the domain names.

Article 15 The losses suffered by infringement as stipulated in the first paragraph of Article 56 of the Trademark Law can be calculated according to the sales volume of goods or the reduction of sales volume of infringing goods caused by the infringement of the right holder and the unit profit of goods with registered trademarks.

Article 16 If it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed, the people's court may, at the request of the parties or ex officio, apply the provisions of the second paragraph of Article 56 of the Trademark Law to determine the amount of compensation.

When determining the amount of compensation, the people's court shall consider the nature, period and consequences of the infringement, the reputation of the trademark, the amount of trademark license fee, the type, time and scope of trademark license, and the reasonable expenses paid to stop the infringement.

If the parties reach an agreement on the amount of compensation in accordance with the provisions of the first paragraph of this article, it shall be allowed.

Tort Liability Law of People's Republic of China (PRC)

Thirty-sixth network users and network service providers who use the network to infringe upon the civil rights and interests of others shall bear the tort liability.

If a network user uses the network service to commit infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, shielding and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the network users for the enlarged part of the damage.

If the network service provider knows that the network users use their network services to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall bear joint liability with the network users.

Opinions of the State Administration for Industry and Commerce on Implementing the Trademark Law of People's Republic of China (PRC)

Yitongzi [2002] No.62

Administration for Industry and Commerce of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning:

The Decision of the NPC Standing Committee of the Ninth National People's Congress on Amending the Trademark Law of People's Republic of China (PRC) came into force on 200 1 12 1. In order to adapt to this revision, the State Council is revising the Detailed Rules for the Implementation of the Trademark Law of People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules). In this case, some local administrations for industry and commerce asked the State Administration for Industry and Commerce how to implement the detailed rules. After study, the following opinions are put forward:

1. Until the detailed rules are revised in the State Council, the detailed rules will continue to be implemented, except for the provisions inconsistent with the revised Trademark Law of People's Republic of China (PRC) (such as the Provisions on Final Procedure of Trademark Registration Review and the Provisions on Administrative Liability for Trademark Infringement Compensation).

Two, the revised "Trademark Law of People's Republic of China (PRC)" (hereinafter referred to as the "Trademark Law" and "Detailed Rules") have provisions on the same matter, the provisions of the Trademark Law shall prevail. For example, Article 55 of the Trademark Law and Article 42 of the Detailed Rules stipulate administrative measures to investigate and deal with trademark infringement cases, while Article 53 of the Trademark Law and Article 43 of the Detailed Rules stipulate administrative penalties for trademark infringement. When investigating infringement cases, priority should be given to the provisions in the trademark law.

Three. The provisions in the detailed rules on the interpretation and definition of the matters stipulated in the Trademark Law before the amendment shall continue to be regarded as the interpretation and definition of the matter if there are still provisions with the same content in the Trademark Law. For example, the provisions of Article 41 of the Detailed Rules shall be regarded as an interpretation of the provisions of Item (5) of Article 52 of the Trademark Law.

Four, trademark registration, objection, transfer, renewal, change, review and other trademark registration matters, in accordance with the "Detailed Rules" procedures. For example, the provisions of Article 20 apply to the change of registered items of trademarks; The provisions of Article 22 shall apply to the renewal of trademark registration.

5. If the Trademark Law provides penalties for illegal acts (including the types and extent of penalties), the provisions of the Trademark Law shall prevail; If the Trademark Law only stipulates the types of administrative punishment without the corresponding punishment range (such as fine range), the punishment range may be implemented with reference to the provisions of the Detailed Rules. Specifically:

(a) in violation of the provisions of Article 40 of the Trademark Law, the provisions of Articles 35 and 36 of the Detailed Rules shall apply;

(2) Acts that constitute items (1), (2) and (3) of Article 44 of the Trademark Law shall be governed by the provisions of Article 28 of the Detailed Rules;

(3) Acts that constitute Item (4) of Article 44 of the Trademark Law shall be governed by the provisions of Article 29 of the Detailed Rules;

(4) The provisions of Article 31 of the Detailed Rules shall apply to the acts of Article 45 (3) and Article 48 of the Trademark Law;

(5) Where the acts listed in Article 47 of the Trademark Law are constituted, the provisions of Article 33 of the Detailed Rules shall apply;

(6) The provisions of Article 32 of the Detailed Rules shall apply to the acts constituting Items (1) and (2) of Article 48 of the Trademark Law.