Legal analysis
Infringement of other people's brands is illegal, and if the circumstances are serious, you will be sentenced. If the trademark is infringed, you can:
1, collecting and preserving evidence
When infringement is found, the first thing to do is to collect and preserve evidence, and fix the goods infringed by others by taking photos, videos and buying in kind. If necessary, notarize the evidence, and at the same time conduct as much investigation and evidence collection as possible on the sales of the other party's products.
2. Send a power of attorney to the other party
After mastering the evidence, you can send a letter to the other party by entrusting a lawyer to warn and shock the other party and give the other party a chance to correct it. If the other party's products are sold on the e-commerce platform, they can also report through the e-commerce platform to shock the other party.
3. Communicate and negotiate with each other.
In case of any dispute arising from infringement of the exclusive right to use a registered trademark as stipulated by law, the trademark registrant or interested party may settle it through consultation with the infringer. If the other party's infringement is not serious and willing to settle it through consultation, both parties can settle the infringement facts and infringement compensation through consultation.
4. Complain to the administrative department for industry and commerce
The administrative department for industry and commerce has the right to supervise trademarks and may complain to the administrative department for industry and commerce about infringement. It should be noted that the law stipulates that if a trademark registrant complains to the administrative department for industry and commerce and requests to protect his exclusive right to use a trademark, he shall submit a written complaint application, and attach his valid certification materials, including the complaint, trademark registration certificate, pictures of the actual use of the trademark by both parties, etc.
5, to the people's court.
Defend their legitimate rights and interests through judicial channels. In accordance with the law, those who are unwilling to settle through consultation or fail to do so may bring a lawsuit directly to the people's court. By bringing a civil lawsuit, you can ask the other party to stop the infringement and compensate for the losses.
legal ground
Article 67 of the Trademark Law of People's Republic of China (PRC) * * * If a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law in addition to compensating the infringed party for the losses. Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party. Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.
Article 215 of the Criminal Law of People's Republic of China (PRC) * * * Forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.