Punishment for infringement of trademark exclusive right
Trademark infringement refers to the act of using the same or similar logo as a registered trademark on the same or similar goods or services without the consent of the trademark owner, which damages the legitimate rights and interests of the trademark owner. Judging from the provisions of China's trademark law, the composition of trademark infringement usually includes the following elements: First, it has caused damage or is about to cause damage, that is, the infringement has caused damage or is about to cause damage to the trademark owner, which can be manifested as a decline in product sales, a decrease in interests or a decrease in trademark reputation. The second is the illegality of the act, that is, the actor objectively exercises the rights enjoyed by the trademark owner according to law without permission and no other legal basis. Third, there is a causal relationship between the damage consequences and illegal acts, that is, the damage consequences are directly caused by illegal acts. The fourth is subjective state, including fault and no fault. Under normal circumstances, if an actor illegally uses a trademark that is the same as or similar to a registered trademark, forges or makes the logo of another person's registered trademark without authorization, and acts of reverse counterfeiting a registered trademark, the subjective fault of the actor shall be taken as the element when determining whether there is infringement; For the act of selling goods with counterfeit registered trademarks, the subjective fault of the actor is not the key element when determining whether there is infringement. For infringement of the exclusive right to use a registered trademark, according to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures to give punishment. (1) The specific measures for ordering to stop the infringement are as follows: ① Ordering to stop the sale immediately; (2) Confiscating and destroying infringing goods; (3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks. (2) Impose a fine. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 5% of the illegal business amount or less than five times the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 1, yuan according to the circumstances. If a party refuses to accept the above two treatments, it may bring a suit in a people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution. (3) The administrative department for industry and commerce that mediates the amount of compensation for infringement of the exclusive right to use a trademark may mediate the amount of compensation for infringement of the exclusive right to use a trademark at the request of the parties. If mediation fails, the parties may bring a lawsuit to the people's court according to law.