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How to dispose of items that infringe trademark rights

Disposal of confiscated items that infringe trademark rights: If trademark rights are infringed due to trademark transfer or licensing, the goods will generally be returned to the trademark owner. If the trademark rights are damaged due to general infringement, the industrial and commercial administration department shall order the company to stop the behavior and seize and destroy the illegally used trademark signs. If it is difficult to separate them, the goods shall be collected and destroyed together.

Legal basis

Article 3 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China"

Trademark holders shall comply with Article 13 of the Trademark Law It is stipulated that those who apply for the protection of well-known trademarks must submit evidence that their trademarks constitute well-known trademarks. The Trademark Office and the Trademark Review and Adjudication Board shall, in accordance with Article 14 of the Trademark Law, determine the well-known status of a trademark based on the needs of reviewing and handling cases and the evidence materials submitted by the parties.

Article 72

If a trademark holder requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he may submit a request to the industrial and commercial administration department. If the trademark is recognized as a well-known trademark by the Trademark Office in accordance with Article 14 of the Trademark Law, the industrial and commercial administration department shall order it to stop using the trademark in violation of Article 13 of the Trademark Law, confiscate and destroy the illegally used trademark logo; the trademark logo and the goods Those that are difficult to separate will be confiscated and destroyed together.