Current location - Trademark Inquiry Complete Network - Trademark registration - What if trademark infringement is sued?
What if trademark infringement is sued?
Legal subjectivity:

What should I do if I am infringed? Article 53 of the Trademark Law stipulates that if one of the acts listed in Article 52 of this Law infringes on the exclusive right to use a registered trademark and causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a lawsuit to the 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 of handling; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). Article 56 stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be the interests gained by the infringer during the infringement period, or the losses suffered by the infringed party during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. To sum up, the obligee can choose different ways to claim rights. When calculating the amount of compensation, he can obtain it through the audit of the industrial and commercial or quality supervision departments. If he still has nothing, he can calculate the loss he suffered as a result.

Legal objectivity:

Article 122 of the Civil Procedure Law: A prosecution must meet the following conditions: (1) The plaintiff has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.