For those who infringe the exclusive rights of registered trademarks and do not constitute a crime, the industrial and commercial administrative organs may take the following measures to impose penalties. 1. Order to stop infringement; 2. Order to immediately stop sales; 3. Confiscate and destroy infringing goods; 4. Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
Legal basis: "Trademark Law of the People's Republic of China"
Article 60 includes one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law , if a dispute arises, it shall be resolved by the parties through negotiation; if the parties are 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 administrative department to handle it.
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.
Article 62: The industrial and commercial administrative department at or above the county level may exercise the following powers when investigating and punishing acts suspected of infringing upon the exclusive rights of others to register trademarks based on obtained evidence or reports of suspected violations of law:
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(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of others’ registered trademarks;
(2) Check and copy the parties’ contracts, invoices, account books and other matters related to the infringing activities Relevant information;
(3) Conduct on-site inspections of places where the parties are suspected of infringing the exclusive rights to registered trademarks of others;
(4) Inspect items related to infringing activities; Articles that are proved by evidence to infringe the exclusive rights of others' registered trademarks may be sealed or seized.
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.
In the process of investigating and handling 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.