Legal subjectivity:

The provisions of the Trademark Law on trademark users: Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit , if the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of 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 10,000 yuan may be imposed. Article 52 If an unregistered trademark is used as a registered trademark, or if the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may report the illegal business amount to five If the amount exceeds 10,000 yuan, a fine of not more than 20% of the illegal business turnover may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed. Article 53 Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local administrative department for industry and commerce and shall be fined 100,000 yuan. Article 54 If the party concerned is dissatisfied with the Trademark Office's decision to revoke or not revoke a registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. Article 55 If the statutory period expires and the party concerned does not apply for review of the Trademark Office’s decision to cancel the registered trademark or does not file a lawsuit with the People’s Court against the Trademark Review and Adjudication Board’s review decision, the decision to cancel the registered trademark or the review decision shall take effect. . The provisions of the Trademark Law on penalties for infringement of the exclusive right of a registered trademark: Article 60: If a dispute arises due to any of the acts of infringement of the exclusive right of a registered trademark listed in Article 57 of this Law, the parties shall resolve it 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 handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to be stopped immediately, 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 you sell goods that are not known to infringe the exclusive rights of registered trademarks, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you 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. Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law. Article 62 When the industrial and commercial administration departments at or above the county level investigate and deal with suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations, they may exercise the following powers: (1) Inquiry of relevant parties, investigation and Situations related to infringement of other people's exclusive rights to registered trademarks; (2) Checking and copying the parties' contracts, invoices, account books and other relevant materials related to infringement activities; (3) On-site enforcement of places where the parties are suspected of engaging in activities that infringe other people's exclusive rights to registered trademarks Inspection; (4) Inspection of items related to infringement activities; items that are proven to infringe the exclusive rights of others' registered trademarks may be sealed or detained if there is evidence. When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it. During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined based on the benefits gained by the infringer due to the infringement; the right holder’s losses or infringement If the benefits obtained by a person are difficult to determine, they shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. Article 64 If the owner of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the ground that the owner of the exclusive right to the registered trademark has not used the registered trademark, the people's court may require the owner of the exclusive right to the registered trademark to provide information on the actual use of the registered trademark within the previous three years. evidence. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation. If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier. Article 65 If a trademark registrant or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark, and if they are not stopped in a timely manner, their legitimate rights and interests will be irreparably damaged, they may, in accordance with the law, Before filing a lawsuit, apply to the People's Court for measures to order the cessation of relevant behavior and property preservation. Article 66 In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the people's court to preserve evidence before filing a lawsuit in accordance with the law. Article 67 If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law. Article 68 If a trademark agency commits any of the following acts, the industrial and commercial administrative department shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than RMB 10,000 but not more than RMB 100,000; the directly responsible person in charge and other directly responsible personnel Give a warning and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if a crime is constituted, criminal liability shall be pursued in accordance with the law: (1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters (2) To solicit trademark agency business by defaming other trademark agencies or disrupting the order of the trademark agency market by other improper means; (3) Violating the provisions of paragraphs 3 and 4 of Article 19 of this Law. If a trademark agency engages in the conduct specified in the preceding paragraph, the industrial and commercial administration department shall record it in the credit file; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting the trademark agency business and make an announcement. If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with its articles of association. Article 69 State agency staff engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be loyal to their duties, and serve in a civilized manner. Staff of the Trademark Office, Trademark Review and Adjudication Board, and state agencies engaged in trademark registration, management, and review are not allowed to engage in trademark agency business and commodity production and operation activities. Article 70 The industrial and commercial administrative department shall establish and improve an internal supervision system to supervise and inspect the implementation of laws, administrative regulations and compliance with disciplines by state agency staff responsible for trademark registration, management and review.

Article 71 If state agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, illegally handle trademark registration, management and review matters, accept property from parties, and seek illegitimate benefits, which constitutes a crime, Criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, sanctions shall be imposed in accordance with the law.