1. How to punish the trademark infringement? The administrative department for industry and commerce shall order the infringement to stop immediately, confiscate and destroy the infringing goods and the goods mainly used for manufacturing the infringing goods, and confiscate the illegal income and impose a certain fine. If the case constitutes a crime, criminal responsibility shall be investigated. Article 6 of the Trademark Law of the People's Republic of China commits one of the acts listed in Article 57 of this Law that infringe on the exclusive right to use a registered trademark, thus causing disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 5, yuan, it may be fined less than five times the illegal business amount, and if there is no illegal business amount or the illegal business amount is less than 5, yuan, it may be fined less than 25, yuan. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe on the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier. In case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce to mediate, or they may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.
2. What are the defenses of trademark infringement? In fact, if the trademark owner accuses the trademark owner of infringement, it can be used as a defense: (1) Defense of fair use 1. The common name, figure and model of the commodity contained in the registered trademark directly indicate the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity, or the place name contained, and the exclusive owner of the registered trademark. 2. The exclusive right holder of a registered trademark of a three-dimensional mark has no right to prohibit others from properly using the shape of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value. 3. Before the trademark registrant applies for a trademark, if someone else has used a trademark that is the same as or similar to the registered trademark and has certain influence before the trademark registrant on the same kind of goods or similar goods, the exclusive right holder of a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require him to attach an appropriate distinguishing mark. (II) Defense of non-compensation for infringement 1. Defense of non-use of registered trademark If the exclusive right holder of a registered trademark cannot prove that the registered trademark has actually been used in the previous three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation. 2. Legal source defense sales of goods that are not known to infringe the exclusive right to use a registered trademark can prove that the goods were legally obtained by themselves and explain the supplier, and they will not be liable for compensation. Through the above analysis, we know that according to the provisions of the Trademark Law, if the infringement of trademark rights does not constitute a crime, the administrative department for industry and commerce will punish it, generally confiscating infringing tools and commodities, confiscating illegal income, and imposing corresponding fines according to the infringement.