Infringement

Article 6 of the Trademark Law of the People's Republic of China commits one of the acts of infringing the exclusive right to use a registered trademark listed in Article 57 of this Law, and if a dispute arises, the parties concerned shall settle it 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 for manufacturing infringing goods and forging registered trademark marks. If the illegal business amount is more than 5, yuan, a fine of less 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 5, yuan, a fine of less than 25, yuan may be imposed.

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.

Extended information:

Article 13 of the Trademark Law of the People's Republic of China

For a trademark that is well known to the relevant public, the holder may request the protection of a well-known trademark in accordance with the provisions of this Law when he thinks that his rights have been infringed.

a trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which may easily lead to confusion, so it shall not be registered and its use shall be prohibited.

if the trademark applied for registration of different or similar goods is a copy, imitation or translation of a well-known trademark registered by others in China, misleading the public, which may damage the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

article 14 a well-known trademark shall be recognized as a fact that needs to be recognized in handling trademark cases at the request of the parties concerned. The following factors should be considered when identifying a well-known trademark:

(1) the awareness of the trademark by the relevant public;

(2) the duration of the use of the trademark;

(3) the duration, degree and geographical scope of any publicity work of the trademark;

(4) the record that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark well-known.

in the process of trademark registration examination and investigation of trademark violation cases by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, determine the well-known situation of the trademark.

in the process of handling trademark disputes, if the parties claim their rights in accordance with the provisions of article 13 of this law, the trademark review and adjudication board may, according to the needs of handling the case, make a determination on the well-known situation of the trademark.

in the process of trying a trademark civil or administrative case, if the parties claim their rights in accordance with the provisions of article 13 of this law, the people's court designated by the Supreme People's Court may, according to the needs of trying the case, make a determination on the well-known trademark.

Baidu Encyclopedia-Trademark Law of the People's Republic of China