Current location - Trademark Inquiry Complete Network - Trademark registration - What to do after receiving a trademark infringement notice
What to do after receiving a trademark infringement notice

The handling process after receiving a trademark infringement notice is as follows:

1. If there is any infringement of the exclusive right to use a trademark as listed in the Trademark Law, and any dispute arises, it shall be resolved through negotiation between the parties;

2. For trademark infringement disputes, if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle it;

3. If a lawsuit is filed with the People's Court, the result will be handled by the industrial and commercial administration department in accordance with legal procedures. If the infringement is determined to be established during the handling, the infringement shall be ordered to immediately stop the infringement, and the infringing goods and those specifically used to manufacture infringing goods shall be confiscated and destroyed. , tools for counterfeiting registered trademarks, and may be fined;

4. If the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he may sue the People's Court in accordance with the Administrative Litigation Law. In the event of non-compliance, the administrative department for industry and commerce may apply to the People's Court for compulsory enforcement;

5. The administrative department for industry and commerce that handles the case may, at the request of the parties, mediate on the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, , the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law.

The standards for registering trademark infringement crimes are:

1. Using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, and the illegal business amount is less than 50,000 The amount of illegal income is more than 30,000 yuan;

2. Selling goods that are knowingly counterfeit registered trademarks, and the sales amount is more than 50,000 yuan;

3. Other standards.

To sum up, if there is an infringement, you can entrust a lawyer to verify the true amount of the goods according to law.

Legal basis:

Article 57 of the "Trademark Law of the People's Republic of China"

Anyone who commits any of the following acts shall be considered an infringement Exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant; The registrant’s permission is to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Sales infringement Products with exclusive rights to registered trademarks;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Counterfeiting or manufacturing registered trademarks without authorization; The trademark registrant agrees to change its registered trademark and put the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks Behavior;

(7) Causing other damage to others’ exclusive rights to registered trademarks.