The following measures can be taken to protect the exclusive right to trademark:
1. Complain to the industrial and commercial administration department to protect the exclusive right to trademark. If you encounter trademark infringement, you can complain to the industrial and commercial administration department. When the industrial and commercial administration department handles the case, if it determines that the infringement is established, it will order an immediate stop to the infringement;
Confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods. , Tools for counterfeiting registered trademarks. If the illegal business volume is more than 50,000 yuan, 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. fine.
2. Sue in court to protect the exclusive right to trademark. If you encounter trademark infringement and do not want to complain to the industrial and commercial administration department, you can file a lawsuit in court to safeguard your rights.
Legal Basis
Article 60 of the "Trademark Law": If any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law cause a dispute, the party concerned shall If the matter is 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 administration 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 it to immediately stop the infringement;
Confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount 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 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 a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, you will be ordered to stop selling by the industrial and commercial administration department.