1. How to punish trademark infringement disputes
1. The penalties for trademark infringement disputes are as follows:
(1) Order to stop the infringement and order to stop sales immediately, Confiscating and destroying infringing goods;
(2) Imposing a fine. For those who infringe the exclusive right to register a trademark but have not yet constituted a crime, the industrial and commercial administrative authorities may impose a fine of less than 50% of the illegal business revenue or the profits obtained from the infringement according to the circumstances. A fine of not more than five times;
(3) Mediate the amount of compensation for infringement of the exclusive right to use the trademark. If mediation fails, the parties concerned may file a lawsuit in the People's Court in accordance with the law.
2. Legal basis: Article 57 of the "Trademark Law of the People's Republic of China"
Anyone who commits any of the following acts shall infringe the exclusive right to use a registered 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, Using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Sales that infringe the exclusive rights of registered trademarks goods;
(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Without the consent of the trademark registrant, Changing its registered trademark and putting the goods with the changed trademark back into the market;
(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
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(7) Causing other damage to the exclusive right to use registered trademarks of others.
2. What are the methods to deal with trademark infringement
1. The trademark registrant or interested party files a lawsuit in the People’s Court;
2. Request the industrial and commercial administration department Handle in accordance with the law;
3. The rights holder and the infringer shall negotiate and handle the matter on their own.