1. What is the punishment standard for trademark infringement? According to the latest administrative penalty discretion standard of Shanghai Administration for Industry and Commerce for infringement of the exclusive right to use a registered trademark, if the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 50,000 yuan, a fine of less than 5 times of the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Seized more than 500 infringing goods; Causing direct economic losses of more than 50,000 yuan to others; The infringed trademark is a famous trademark, geographical indication or foreign-related trademark; Infringement of the exclusive right to use three or more registered trademarks; Infringed goods are fake and shoddy, shoddy, and do not meet national standards or industry standards; Being subject to administrative punishment for trademark infringement for less than five years, and engaging in trademark infringement activities; Refusing to cooperate with the administrative department for industry and commerce to investigate and deal with the infringement, concealing, transferring or destroying the relevant evidence of infringement without authorization, a fine of more than 3 times and less than 5 times of the illegal business amount shall be imposed. Infringement of well-known trademarks in China, or quality defects or potential safety hazards in trademark infringing goods, resulting in serious personal and property damage, serious environmental pollution or major safety accidents, shall be fined five times the illegal business amount, and a fine of 250,000 yuan shall be imposed if the illegal business amount is less than 50,000 yuan. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier. Second, the composition of trademark infringement usually includes the following elements: First, it has caused or is about to cause damage, that is, the infringement has caused or is about to cause damage to the trademark owner, which can be manifested as a decline in product sales, a decrease in benefits or a decline in trademark reputation. The second is the illegality of the act, that is, the actor objectively exercised the rights enjoyed by the trademark owner according to law without permission and other legal basis. Third, there is a causal relationship between damage consequences and illegal acts, that is, damage consequences are directly caused by illegal acts. The fourth is subjective state, including fault and no fault. Under normal circumstances, the actor illegally uses the same or similar trademark as the registered trademark, forges or makes the logo of another person's registered trademark without authorization, and counterfeits the registered trademark. When determining whether there is infringement, the subjective fault of the actor should be taken as the element; For the act of selling goods with counterfeit registered trademarks, the subjective fault of the actor is not the key factor to determine whether there is infringement. According to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures to punish the infringement of the exclusive right to use a registered trademark. (1) The specific measures for ordering to stop the infringement are as follows: ① ordering to stop the sale immediately; (2) Confiscating and destroying infringing articles; (3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks. (2) Impose a fine. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 6,543.8+0,000 yuan according to the circumstances. If a party refuses to accept the above two treatments, he may bring a lawsuit to 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 administrative department for industry and commerce shall apply to the people's court for compulsory execution. (3) The administrative department for industry and commerce 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 infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court according to law. According to China's regulations, after an enterprise registers an online trademark, no enterprise or individual can use it at will. If criminals maliciously use other people's registered trademarks to seek illegal interests, the parties concerned may ask the other party to stop the infringement through legal channels, demand certain compensation, and bring a lawsuit to the local court if necessary.