How to deal with trademark infringement and how to deal with trademark infringement

How to deal with trademark infringement: Under normal circumstances, trademark infringement disputes are handled by the parties through negotiation. If the parties fail to reach an agreement through negotiation, 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.

[Legal basis].Article 60 of the Trademark Law of the People's Republic of China.

If there is any infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and 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.

Second, it can appropriately reduce the energy invested by the parties to trademark disputes to resolve the disputes.

Third, the parties can reduce the number of trademark cases through negotiation, so that the law enforcement authorities can make better use of the existing law enforcement resources. However, it should be noted that self-negotiated trademark infringement disputes are first and foremost disputes that do not constitute a criminal offense, and criminal liability must be pursued for those who are mainly engaged in counterfeiting the registered trademarks of others and the amount meets the criteria for filing a criminal case.

Second, in dispute cases settled through self-negotiation, the circumstances of the infringement are generally relatively minor and the consequences are not serious, and administrative penalties can be exempted, that is, administrative liability can be exempted.

Third, the main purpose of the investigation and punishment of infringement is to protect the civil rights and interests of the right holder from infringement, and a negotiated settlement means that the right holder has already waived the right to pursue civil liability against the infringer because it has not caused harm to the right or the harmful consequences are not serious.

In law enforcement practice, the following principles can be followed:

1. Except for cases complained by trademark registrants, under normal circumstances, the industrial and commercial authorities do not take the initiative to ask the parties to negotiate trademark infringement cases investigated and handled. If the parties take the initiative to request negotiation, they can give them a certain period of time to negotiate on their own, and if they do not provide evidence that they have been resolved through negotiation by the time of the expiration date, it is advisable to deal with it administratively as a trademark infringement case.

2. In the case of a complaint from a trademark owner, the industrial and commercial authority shall be deemed to have given up the negotiation or the negotiation has failed, and the industrial and commercial department shall no longer take the initiative to carry out the negotiation and settlement between the parties.

3. If the industrial and commercial authority that has already filed a trademark dispute at the request of the parties involved in the case and before making an administrative decision on the case, and the parties involved in the case agree to settle through consultation, if the settlement does not endanger the public interest, the industrial and commercial authority may withdraw (cancel the case) at the request of the parties involved in the case.

1. The infringed party may negotiate with the infringer to resolve the dispute, and may request the other party to stop the infringement and compensate for its own losses, and the specific amount of compensation shall be determined according to the actual losses suffered by the right holder due to the infringement;

where the actual losses are difficult to determine, they may be determined in accordance with the benefits obtained by the infringer as a result of the infringement; If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined with reference to the multiple of the trademark license fee.

2. If it cannot be resolved through negotiation or does not want to settle through negotiation, it may sue the court for settlement, and the court shall make a judgment that the other party shall bear tort liability.

3. The infringed party may also file a complaint with the administrative department for industry and commerce, and if the industrial and commercial department finds that the infringement is established after the complaint, it shall order it to immediately stop the infringing act and confiscate and destroy the infringing goods and tools mainly used to manufacture the infringing goods and forge the logo of the registered trademark;

If the illegal business turnover is more than 50,000 yuan, a fine of not more than five times the illegal business turnover may be given, and if there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

4. If the infringer's infringement has constituted a crime, the infringed party may directly report to the police.

Legal basis] Article 60 of the Trademark Law, if there is one of the acts listed in Article 57 of this Law that infringes on the exclusive right to use a registered trademark, and 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.

If the administrative department for industry and commerce finds that the infringement is established, it shall order the infringement to be stopped immediately, confiscate and destroy the infringing goods and the tools mainly used to manufacture the infringing goods and forge the logo of the registered trademark, and the illegal business turnover shall be 50,000 yuan.

When a trademark right is infringed, it can be resolved in the following three ways: 1. Negotiate with the infringer to settle the matter. Explain to the infringer that the infringer has the trademark right, indicate the losses caused by the infringed trademark right, and demand that the other party should stop the infringement and make compensation, and can also negotiate compensation.

2. Request the local industrial and commercial administrative authorities at or above the county level to carry out administrative processing. Where a request is made to the administrative organ for industry and commerce for handling, a written request and search shall be issued. The written request shall clearly state the subject matter of the request, the legal basis of the request, the name and address of the requester, the name of the infringer, and the place where the infringement occurred.

3. Filing a lawsuit with the people's court. Submit a complaint as required, prepare relevant evidence, and recommend hiring a professional lawyer.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167: Where the infringing act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.