Ordering to stop the infringement immediately is not an administrative penalty.
Administrative penalties refer to specific administrative actions in which administrative agencies or other administrative entities impose administrative sanctions on counterparties that violate administrative regulations and do not constitute a crime in accordance with legal authority and procedures. After a trademark infringement occurs, the trademark infringer will bear legal liabilities: one is civil liability; the other is administrative liability; if the infringement constitutes a crime, he will bear criminal liability. The civil law stipulates that there are five specific forms of civil liability:
(1) Stop the infringement, eliminate obstacles and eliminate dangers;
(2) Return the property and restore it to its original state;
(3) Repair, redo, replace and pay liquidated damages;
(4) Compensate for losses;
(5) Eliminate the impact, restore reputation and apologize.
Therefore "stopping the infringement" is the first form of civil liability. The provisions of this form are to avoid the occurrence or expansion of the consequences of infringement, and are preventive forms of liability. The industrial and commercial administrative department orders the trademark infringer to immediately stop the infringement (stop producing and selling goods that infringe the exclusive rights of a registered trademark). This is a remedial measure taken promptly after the infringement of the exclusive rights of a registered trademark. It is a compulsory measure in accordance with the statutory authority. Trademark infringers bear civil liability.