If the penalties for private food brand chains are based on the provisions of our country's laws, those who sell counterfeit brand products will not constitute a crime and be given administrative penalties. Generally, illegal gains will be confiscated and fined, and those who do constitute a crime will be held criminally responsible.

A trademark is a symbol of a company, and its potential value is often immeasurable. Therefore, if someone is found to be using someone else’s trademark without authorization, it is a trademark infringement and generally requires considerable punishment. After the trademark owner determines that the trademark has been infringed, he will follow the following steps to protect his rights:

1. Negotiate with the other party

The trademark owner can first negotiate with the infringer. If he can negotiate a settlement, he will feel at ease. solved.

2. Collect evidence

Try to collect enough evidence of the other party’s infringement. If the trademark is used on a certain product without permission, then this product can be used as one of the evidence. to use.

3. Request the industrial and commercial administration department to handle the case

When looking for the relevant department to handle it, it can be the industrial and commercial administrative department where the trademark infringer is located, or the other party's trademark infringement The industrial and commercial administration department of the place of conduct.

4. File a lawsuit in the People's Court

Just like the industrial and commercial administration department, trademark infringement cases can be filed either in the place where the trademark infringement was committed or in the people's court where the trademark infringer is located. . In this regard, the infringed party can freely choose the place where the infringement occurred or the people's court where the infringer is located to file a lawsuit. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction.

In general, those who use other people’s trademarks without the permission of the trademark owner will generally be dealt with as follows:

Using other people’s trademarks without permission will be dealt with in the industrial and commercial administration. When the department comes to deal with it, if the infringement of the infringement is established, the infringer will first be required to immediately stop the infringement, and the infringing trademark goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks will be confiscated and destroyed on the spot.

If the infringer’s illegal business volume is found to have reached more than 50,000 yuan, the industrial and commercial department will accordingly impose a fine of less than five times the illegal business volume. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan will be imposed accordingly.

Those who commit more than two trademark infringements within five years or have other serious circumstances will be severely punished, but this will depend on the actual situation.