Legal subjectivity:
1. There is no minimum standard for the minimum fine for trademark infringement. Article 60 of the Trademark Law: If a dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party shall A person may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When handling the case, if the industrial and commercial administrative 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. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. 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 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. 2. Punishment for trademark infringement According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. The amount of infringement compensation shall be the benefits obtained by the infringer during the infringement period, or The losses suffered by the infringed party due to the infringement during the period of infringement include the reasonable expenses paid by the infringed party to stop the infringement. If the first two are difficult to determine, the people's court shall make a judgment of not more than 500,000 yuan based on the circumstances of the infringement. compensation. 3. Regarding what liability for trademark infringement includes (1) Administrative liability. For those who infringe the exclusive rights of registered trademarks, according to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to impose penalties. 1. Order to stop the infringement. The specific measures are as follows: (1) order an immediate stop to sales; (2) confiscate and destroy infringing goods; (3) confiscate and destroy tools specifically used to manufacture infringing goods and counterfeit registered trademarks. 2. Impose a fine. For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may impose a fine of less than 50,000 RMB on the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the person directly responsible for the infringement unit may be fined 10,000 RMB according to the circumstances. A fine of less than RMB 10,000. (2) Civil Liability If a trademark right is infringed, the person has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If it is difficult to determine the first two, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement. (3) Criminal liability In addition to administrative liability and civil liability, infringement of trademark rights may also constitute the crime of counterfeiting a registered trademark, selling goods with counterfeit registered trademarks, illegally manufacturing registered trademark signs, and selling illegally manufactured registered trademark signs. Legal objectivity:
Article 60 of the Trademark Law of the People's Republic of China. If any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law cause a dispute, the parties shall be responsible for If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.
When handling the case, if the industrial and commercial administrative 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. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. 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 may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished.