1. How to deal with trademark infringement when selling fake goods
1. The handling of counterfeit trademark infringement is as follows:
(1) Stop related behaviors of trademark infringement, This includes stopping the sale of goods that infringe registered trademarks, confiscating and destroying goods that infringe other people's registered trademarks, and confiscating and destroying tools specifically used to manufacture infringing goods and counterfeit registered trademark logos;
(2) Punishment on infringers A certain amount of fine, which is generally less than 50% of the illegal business volume or less than 5 times of the infringement profits;
(3) If it is suspected of constituting a crime, criminal liability will be pursued in accordance with the law according to the crime.
2. Legal basis: Article 61 of the "Trademark Law of the People's Republic of China"
For acts that infringe the exclusive rights of registered trademarks, the industrial and commercial administrative department has the right to Investigate and handle in accordance with the law; if suspected of committing a crime, they should be promptly transferred to the judicial authorities for handling in accordance with the law.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
2. What are the sentencing standards for trademark infringement crimes?
The sentencing standards for trademark infringement crimes are:
1. The crime of falsely registered trademarks. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined;
2. Selling counterfeit goods Commodity crime of registered trademark. If the sales amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.