In April 2004, Honghe Cigarette Factory sued Kunming Yiliang Jinxiang Washing Products Co., Ltd. for infringing its trademark rights. The trademark "Honghe" was registered in June 1989 1 1. Since1June 1994, "Honghe" brand cigarettes have been continuously rated as national famous cigarettes by the State Tobacco Monopoly Bureau. The sales volume of Honghe brand cigarettes in the national cigarette brands rose to the fourth place with 1998. In the last four years, it has paid about 9 billion yuan in national taxes. From 2000 to 2003, the total investment in advertising was 560 million yuan. 1999 to 2002, the country invested 42.38 million yuan in anti-counterfeiting funds. Kunming Yiliang Jinxiang Washing Products Co., Ltd. uses the specific writing style of the registered trademark of Honghe Cigarette Factory as the main logo of its products in a prominent position in the outer packaging of the washing powder it produces, and its behavior has constituted infringement. So what civil liabilities should Golden Elephant Washing Products Co., Ltd. bear? Lawyer's review
Civil liability refers to the legal consequences that the civil subject should bear if he violates the contract or fails to perform other legal obligations. Its biggest feature is compensation, and its purpose is to restore or compensate the legitimate rights and interests of victims. Therefore, Golden Elephant Company should be liable for compensation first. Civil liability is mainly divided into two types: civil liability for breach of contract and civil liability for infringement. Civil liability for infringement of the exclusive right to use a registered trademark belongs to civil tort liability. Tort liability refers to the civil legal consequences that the civil subject should bear because of the implementation of tort. According to Article 60 of the Trademark Law and Article 134 of the General Principles of the Civil Law, combined with the characteristics of protecting the exclusive right to use a trademark, the specific civil liability for trademark infringement is: (1) Stop the infringement. Stopping infringement means stopping trademark infringement, such as stopping the production or sale of infringing products; Stop continuing to manufacture or sell other people's registered trademarks; Stop using the same or similar trademarks on the same or similar goods and stop providing various conveniences for infringement. (2) Eliminate the influence and apologize. When the trademark owner damages his goodwill due to infringement, he has the right to ask the infringer to tell the truth orally, in writing or in newspapers. Within the scope of influence, so as to save the negative impact. In general, the elimination of influence is often used at the same time as apology, and the content of public apology has played a role in eliminating influence when it is spread within the scope of damage. (3) Compensation for losses. Compensation for losses means that the infringer should be responsible for paying for the actual property losses suffered by the trademark owner because of his trademark infringement. The calculation basis of compensation is the profits obtained by the infringer during the infringement period or the losses suffered by the victim due to the infringement.
legal ground
General Principles of Civil Law of People's Republic of China (PRC)
Article 134 The main ways to bear civil liability are: (1) to stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) Compensation for losses; (8) Paying liquidated damages; (9) Eliminating the influence and restoring the reputation; (10) Apologize.
The above ways of bearing civil liability can be applied separately or in combination.
In trying civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate their illegal income and property, and may impose fines and detention according to law.
the trademark law of the people's republic of china
Article 60 State functionaries engaged in trademark registration, administration and reexamination must enforce the law impartially, be honest and self-disciplined, be loyal to their duties and provide civilized service.
The Trademark Office, the Trademark Review and Adjudication Board and the staff of state organs engaged in trademark registration, management and reexamination shall not engage in trademark agency business or commodity production and business activities.
Article 63 When applying for trademark registration and handling other trademark matters, fees shall be paid, and the specific fees shall be determined separately.
Special reminder
Trademark infringement bears the same civil liability as other civil infringements, and can be applied separately or in combination.