Legal Analysis

Penalty for brand infringement: 1. Order to stop infringement; 2. Impose a fine; 3. Mediate the amount of compensation for infringement of trademark exclusive rights. 1. If there is any infringement of the exclusive right to use a trademark as listed in the Trademark Law and a dispute arises, it shall be resolved through negotiation between the parties. 2. For trademark infringement disputes, if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle it. 3. If a lawsuit is brought to the People's Court, it shall be carried out in accordance with legal procedures; if it is handled by the industrial and commercial administrative department, 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 the infringing goods shall be confiscated and destroyed. , Tools for counterfeiting registered trademarks and logos, and may be fined.

Legal Analysis

Article 60 of the Trademark Law of the People's Republic of China includes one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law. If a dispute arises, it shall be resolved by the parties through negotiation; 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 the matter. When the administrative department for industry and commerce 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 a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him 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 do not perform the mediation letter 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.