What are the solutions to trademark infringement?

Trademark infringement refers to the use of a trademark identical or similar to its registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner's use of the registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the infringer who knows or should know that it is the infringer is also liable for compensation. where the circumstances are serious, criminal responsibility must also be borne.

In accordance with the provisions of the Trademark Law. If a dispute arises from trademark infringement, it shall be resolved through negotiation between the parties; If the trademark registrant or interested party is unwilling to negotiate or fails to negotiate, the trademark registrant or interested party may file a lawsuit with the people's court, or may request the industrial and commercial administration or some intellectual property management departments to handle the matter. For trademark infringement, the infringed party may request the administrative department for industry and commerce at or above the county level to deal with it, and the administrative department for industry and commerce has the right to take the following measures:

1) order the immediate cessation of sales; (2) Receiving and destroying the infringing trademark logo; (3) remove infringing trademarks from existing goods; (4) confiscate molds, printing plates or other tools used exclusively for trademark infringement; (5) If the first four measures are not sufficient to stop the infringing act, or if it is difficult to separate the infringing act from the goods, order and supervise the destruction of the infringing goods; (6) A fine of not more than five times the profits obtained from infringement shall be imposed according to the circumstances. Legal basis: Article 60 of the Trademark Law of the People's Republic of China contains one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and if a dispute arises, the parties shall resolve it through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter.

When the administrative department for industry and commerce handles the case, if it finds that the infringement is established, it shall order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used for manufacturing the infringing goods or forging registered trademark logos, and if the illegal business turnover is more than 50,000 yuan, it may impose a fine of not more than five times the illegal business turnover, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed. If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by the person and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped.

According to the provisions of the Trademark Law of the People's Republic of China, the infringed party may request the administrative department for industry and commerce at or above the county level to deal with the infringement of the exclusive right to use a registered trademark, or may directly file a lawsuit with the people's court. It can be seen that there are administrative channels for resolving trademark infringement disputes handled by the administrative department for industry and commerce, and also through the judicial channel of filing a lawsuit with the people's court.

After accepting a trademark infringement case, the administrative department for industry and commerce at or above the county level shall collect evidence through investigation. On the premise of ascertaining the facts, stop the infringing acts, and impose administrative punishments on the basis of the facts and severity of the infringer's violations. Specific penalties include:

1。order the immediate cessation of sales;

2. Invite and destroy infringing trademarks;

3. Eliminate the infringing trademark on the current trademark;

4. Invite molds that are directly used for trademark infringement. printing plates or other criminal tools;

5. Order and supervise the destruction of items;

6. According to the circumstances, a fine of less than 50 times the illegal business turnover or less than 5 times the infringing profit shall be imposed, and the infringer shall be ordered to compensate the infringed party for its losses. If the commercial administrative authority believes that the exclusive right to use a registered trademark has been infringed, it may exercise the following functions and powers when investigating and collecting evidence:1.

interview the parties concerned;

2. Inspect the items related to the infringing activities, and order them to be sealed if necessary;

3. Investigate acts related to infringing activities;

4. Consult and copy business information such as contracts and account books related to infringing activities. Choosing the administrative department for industry and commerce to handle trademark infringement cases has its unique advantages of pure interference: the personnel who accept the case are familiar with the business, the handling procedures are simple, the case is concluded quickly, and it saves time and effort.

However, its obvious shortcomings lie in the fact that the administrative decision has no final effect, and if the parties are not satisfied with the handling of the administrative organ for industry and commerce, they can still file a lawsuit with the people's court.

II. Jurisdictional Litigation Solutions. Trademark infringement cases may be under the jurisdiction of the people's court at the place where the infringement is made or where the infringer is located. Therefore, the infringed party may choose to file a lawsuit in the people's court where the infringer is located or where the infringer is located.

At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court has designated the Intermediate People's Court to have jurisdiction. The people's courts adopt civil sanctions in the handling of general trademark infringement cases. The people's courts may take the following measures on the basis of the rights exercised by the infringed party:

1。Order the infringer to immediately cease the infringement. It is possible to destroy the items that constitute the infringing act, dismantle the equipment used in the infringing act, and invite the tools and templates directly used in the infringing act to eliminate the core;

2. Eliminate the impact and restore the reputation of the infringed party, such as ordering the infringed party to publish an apology statement in newspapers and magazines to restore the business reputation of the infringed party;

3. Compensate for the losses of the infringed party, and the calculation method of the amount of compensation is the profits obtained by the infringer during the infringement period or the losses suffered by the infringed party during the infringement period. In addition, the infringer shall also compensate for the expenses incurred by the infringed party in investigating, collecting evidence, and hiring a litigant or non-litigator;

4. In addition to the main measures mentioned above, the people's courts may also take measures such as warnings, ordering a statement of repentance, confiscating illegal gains, and imposing fines or detention.

The legal basis for the Xiangdo Qiaodanguan related to this article].

Article 62 of the Trademark Law of the People's Republic of China.

Summary. Hello dear! Now for you to answer <>

Trademark infringement solution: self-negotiation. If the two parties can settle after the infringement occurs, it can not only enable the trademark owner to quickly and effectively realize and protect its rights and interests, but also enable the infringer to avoid damage to its reputation.

Unwilling to negotiate or cooperate. Conciliation. Mediation is not a necessary procedure to resolve copyright disputes, and if the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly sue the court.

Request the administrative department for industry and commerce to handle it.

Trademark Infringement Resolution.

Hello dear! Now for you to answer <>

Trademark infringement solution: self-negotiation. If the two parties can settle after the infringement occurs, it can not only enable the trademark owner to quickly and effectively realize and protect its rights, but also enable the infringer to avoid damage to its reputation.

Unwilling to negotiate or cooperate. Conciliation. Mediation is not a necessary procedure to resolve copyright disputes, and if the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit with the Minlao Court.

Request the administrative department for industry and commerce to handle it.

Legal basis: Article 57 of the Trademark Law of the People's Republic of China shall constitute an infringement of the exclusive right to use a registered trademark if any of the following acts are committed: (1) without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same kind of goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the registrant of the commercial loss dust punching mark, the registered trademark is replaced, and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of the exclusive right to use a trademark of another person, and helping another person to carry out an act of infringing the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

Article 58: Where the use of another person's registered trademark or unregistered well-known trademark as a trade name in an enterprise name, misleading the public, and constituting an act of unfair competition, it shall be handled in accordance with the "Anti-Unfair Competition Law of the People's Republic of China".