Article 57, Paragraph 2 of the Trademark Law: Use a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or use the same trademark as its registered trademark on similar goods. or similar trademarks that are likely to cause confusion, it is an infringement of the exclusive right to register a trademark.

With reference to Article 57 of the Trademark Law of the People’s Republic of China, any one of the following acts shall constitute an infringement of the exclusive right to register a trademark:

(1) Using a trademark that is the same as its registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant trademark, or using a trademark that is identical or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of a registered trademark;

(4) Forging or manufacturing others’ registered trademarks without authorization or selling forged or unauthorized registered trademarks;

(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the trademark The goods are put into the market again;

(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Giving others causing other damage to the exclusive right to use a registered trademark.

Extended information

With reference to Article 56 of the Trademark Law of the People's Republic of China, the exclusive right to register a trademark shall be based on the approved registered trademark and the approved goods for use. is limited.

With reference to Article 60 of the Trademark Law of the People's Republic of China, if there is any infringement of the exclusive right to register a trademark as listed in Article 57 of this Law, and a dispute arises, the parties shall negotiate If the dispute is not resolved through negotiation or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.

If the industrial and commercial administration 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, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

With reference to Article 61 of the "Trademark Law of the People's Republic of China", the industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive right to register a trademark; if it is suspected of committing a crime, it should be transferred in a timely manner The judicial authorities will handle the matter in accordance with the law.

With reference to Article 62 of the Trademark Law of the People's Republic of China, the industrial and commercial administration departments at or above the county level shall, based on the obtained evidence or reports of suspected violations of the law, investigate and prosecute those suspected of infringing the exclusive rights of others' registered trademarks. When investigating and punishing the behavior of others, the following powers can be exercised:

(1) Question relevant parties and investigate the situation related to infringement of the exclusive rights of registered trademarks of others;

(2) Inspect and copy The parties’ contracts, invoices, account books and other relevant materials related to the infringing activities;

(3) Conduct on-site inspections of the places where the parties are suspected of engaging in activities that infringe the exclusive rights of others’ registered trademarks;

(4) Inspect items related to infringement activities; items that are proved to infringe the exclusive rights of others’ registered trademarks may be sealed or detained if there is evidence.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it. During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

With reference to Article 63 of the Trademark Law of the People's Republic of China, the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; the actual losses are difficult to determine If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it can be determined based on the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award three million yuan based on the circumstances of the infringement. the following compensation.

With reference to Article 64 of the Trademark Law of the People's Republic of China, if the owner of the exclusive right to a registered trademark requests compensation, the accused infringer files a defense on the ground that the owner of the exclusive right to the registered trademark has not used the registered trademark. , the People's Court may require the owner of the exclusive right to a registered trademark to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.

If you sell goods that you do not know infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.

With reference to Article 66 of the Trademark Law of the People's Republic of China, in order to prevent infringement, when the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may Apply to the People's Court for evidence preservation before prosecution in accordance with the law.

With reference to Article 48 of the "Civil Procedure Law of the People's Republic of China", citizens, legal persons and other organizations can be parties to civil litigation. Legal persons shall conduct litigation through their legal representatives. Other organizations are litigated by their principals.

With reference to Article 119 of the "Civil Procedure Law of the People's Republic of China", the lawsuit must meet the following conditions:

(1) The plaintiff is directly related to the case Interested citizens, legal persons and other organizations;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.

With reference to Article 120 of the "Civil Procedure Law of the People's Republic of China", a complaint should be submitted to the People's Court and copies should be submitted according to the number of defendants. If it is really difficult to write a complaint, the complaint may be filed orally, and the people's court will record the case and notify the other party.

With reference to Article 121 of the "Civil Procedure Law of the People's Republic of China", the complaint should record the following matters:

(1) The name of the plaintiff, Gender, age, ethnicity, occupation, work unit, residence, contact information, the name, residence of the legal person or other organization, and the name, position, and contact information of the legal representative or principal person in charge;

(2) The name, gender, work unit, residence and other information of the defendant, the name, residence and other information of the legal person or other organization;

(3) Litigation claims and the facts and reasons on which they are based;

(4) Evidence and sources of evidence, names and addresses of witnesses.

With reference to Article 123 of the "Civil Procedure Law of the People's Republic of China", the People's Court shall protect the parties' right to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.

With reference to Article 124 of the "Civil Procedure Law of the People's Republic of China", the People's Court shall handle the following lawsuits according to the circumstances:

(1) According to the provisions of the Administrative Litigation Law, if the case falls within the scope of administrative litigation, the plaintiff shall be informed to file an administrative lawsuit;

(2) According to the provisions of the law, if the two parties reach a written arbitration agreement and apply for arbitration, they shall not file a lawsuit in the People's Court. , inform the plaintiff to apply for arbitration to an arbitration institution;

(3) For disputes that should be handled by other agencies in accordance with legal provisions, inform the plaintiff to apply to the relevant agency for settlement;

(4) For disputes that should be handled by other agencies according to legal provisions;

(4) For cases that do not fall within the jurisdiction of this court, inform the plaintiff to file a lawsuit with the people's court with jurisdiction;

(5) For cases in which judgments, rulings, and mediation documents have become legally effective, and the parties sue again, inform the plaintiff Apply for retrial, except for the People's Court's ruling allowing the withdrawal of the lawsuit;

(6) Cases that cannot be prosecuted within a certain period of time in accordance with legal provisions, and cases that are prosecuted within the period of prohibition of prosecution will not be accepted;

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(7) Divorce cases where divorce is not allowed or divorce cases are reconciled through mediation, and cases where adoption relationships are maintained through mediation or mediation, if there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, they will not be accepted.

Xining Municipal Administration for Market Regulation - Trademark Law of the People's Republic of China

China National People's Congress Website - Civil Procedure Law of the People's Republic of China