What is a particularly serious trademark infringement and is the consequences of trademark infringem

Trademark infringement refers to the use of a trademark identical or similar to the 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. If the actor sells goods that he knows or should know to be counterfeit registered trademarks, the natural or legal person whose exclusive right to use the trademark has been infringed has the civil right to demand that the infringer stop the infringement, eliminate the impact, and compensate for losses.

If the following four constituent elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks: 1. There must be an illegal act, that is, the perpetrator has carried out the act of selling goods with counterfeit registered trademarks; 2. There must be a fact of damage, that is, the act of selling counterfeit trademark goods carried out by the actor has caused the damage to the trademark owner. The sale of goods counterfeiting the registered trademarks of others will cause serious property losses to the right holders, and at the same time, it will also cause goodwill damage to the entities that enjoy the registered trademark rights.

Both property loss and goodwill damage are facts. 3. The offender is subjectively at fault, that is, the perpetrator has known or should have known about the fact that the goods sold are counterfeit registered trademarks. 4. There must be a causal relationship between the illegal act and the damage consequence, that is, the relationship between the sales behavior of the wrongdoer and the damage caused to the trademark owner has antecedent and consequence.

Causing adverse effects or substantial property damage.

In general, it is considered according to the degree of social concern and the actual property loss.

The consequences of trademark infringement are: it is necessary to stop the infringement, confiscate and destroy the illegal tools, and if the illegal business turnover is more than 50,000 yuan, a fine of less than five times the illegal business turnover may be imposed; where a crime is constituted, criminal responsibility shall be pursued in accordance with law in addition to compensating the losses of the infringed party.

Trademark Law of the People's Republic of China

Article 60. 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 negotiate, the trademark registrant or interested party may file a lawsuit with the people's court, or may request the administrative department for industry and commerce or the administrative department to handle it.

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. Kick it off.

Trademark infringement is severe. If the circumstances of trademark infringement are not serious and have not yet constituted a crime, the industrial and commercial department shall issue a warning, a notification, and a fine. If the circumstances are serious and constitute the crime of counterfeiting a registered trademark or other crimes, the corresponding criminal punishment shall be imposed in accordance with law.

Article 213 of the Criminal Law who, without the permission of the registered trademark or the registered trademark of the registered trademark or the registered trademark of the Sakura Companion Trademark, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and/or a fine of the royal brother; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

The punishment for trademark infringement needs to be determined according to the severity of the circumstances, and under normal circumstances, the industrial and commercial department shall issue a warning, report, and impose a fine on the Zen car cover, etc., and if the circumstances are particularly serious and involve a crime, it shall be transferred to the judicial organ for trial and sentencing.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China Whoever, without the permission of someone with the registered trademark of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Legal Analysis: Trademark infringement refers to the use of a trademark identical or similar to the registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the use of the registered trademark by the trademark owner 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.

Basis of the law: 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 the infringement to be stopped immediately, confiscate and destroy the infringing goods and the tools mainly used to manufacture the infringing goods or forge the logo of registered trademarks, and 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 imposed, and if there is no illegal business revenue or the business revenue of the violation of the Li Law 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. In the case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform after the mediation agreement 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.

Disputes over trademark infringement are serious. General trademark disputes are civil disputes, which can be resolved by the parties through conciliation and mediation. If the dispute involves a criminal offense, the court shall also impose a criminal penalty in accordance with the standards of circumstances.

[Legal basis].

Article 63 of the Trademark Law of the People's Republic of China stipulates that the amount of compensation for infringement of the exclusive right to use a trademark 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. Where the circumstances are serious, the amount of compensation may be determined between one and five times the amount determined in accordance with the above-mentioned methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringement.

Article 213 of the Criminal Law of the People's Republic of China: Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of the same round; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

The premise of trademark infringement is that the trademark is used in the sense of trademark law, and if there is none, it does not constitute infringement. Use in the sense of trademark law refers to the use of trademarks to distinguish goods or services.

Of course, there are many precautions when quoting other people's trademarks, such as:

First, the way the trademark is displayed is very important.

Be sure to prominently display your logo on the product packaging, such as large fonts and eye-catching colors. The text of other people's trademarks should be as unconspicuous as possible, especially the trademark part, do not use special colors, and try to use small fonts. In this way, there will be no misunderstanding among the relevant consumers, and there will be no trademark infringement.

In fact**、There are many examples on Jingdong**,For example,A certain brand data cable,Applicable to HuaweiP50。

In addition, if it is possible to ensure that trademark A and trademark B are not displayed in the same area, try not to place them in the same area. For example, the A trademark is in the upper left corner of the front of the package, and the text with the B trademark is placed in the lower right corner of the front or the product description area on the back of the package to avoid misidentification by relevant consumers.

In addition, pay attention to the way of expression, try not to put the B trademark at the beginning of the word, and do not use words that will make people think that product A is authorized by the B trademark. In fact, there is something inappropriate in the expression of B mechanical special, which gives people the feeling that product A is produced under the authorization of B. In fact, a better option is "suitable for B machinery".

Second, the product quality of a product should meet the national standards.

If the reputation of trademark B is affected by the unqualified quality of A products, it can also be determined as infringement.

3. Product B may have technical patents, or need to be authorized for production.

It is recommended to contact the manufacturer of product B for confirmation. Privately produced products may face patent infringement.

Trademark infringement is a complex legal issue, and you can consult a professional lawyer on the correct way to use your trademark.

If you put the trademark on the outer packaging without the authorization of the owner of the trademark of the machinery brand, then this may be considered an infringement.

Because the trademark owner has the exclusive right to use and control the trademark, unauthorized use of the trademark may cause confusion or misunderstanding among consumers, which in turn will affect the commercial interests of the trademark owner.

Example"A consumables - B machinery special"If B is a mechanical trademark to be borrowed and is not authorized to be used by B's mechanical trademark, this is considered infringement. In this case, you should consider getting authorization from the trademark owner or changing the way you use your trademark.

Trademark infringement generally refers to the use of another person's registered trademark or trademark-like logo to sell goods or services without authorization.

In the example you provided, you are using someone else's trademark B to mark your outer packaging, in which case you need to obtain authorization from B Machinery, otherwise it may be considered infringement.

In this case, you should contact B Machinery to request authorization and obtain written permission, the terms and conditions of which vary from company to company.

In addition, in addition to the loss of trademark rights and goodwill, the use of trademark infringement may also bring legal disputes and economic losses to your business, so you should try to avoid trademark infringement.

If you have any questions, it is recommended to consult a professional on the specific problem and give you a professional answer to avoid unnecessary losses.

Yes, it is common to mark on the outer packaging (B exclusive).

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of Shanghui Wangpin, 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 logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of the exclusive right to use a trademark by a former virtual boy, or helping another person to infringe upon the exclusive right to use a trademark;

7) Causing other damage to the exclusive right to use a registered trademark of another person.

Legal basis] Article 61 of the Trademark Law, the administrative department for industry and commerce has the right to investigate and deal with the infringement of the exclusive right to use a registered trademark in accordance with the law; Where it is suspected of committing the crime of honoring ants, it shall be promptly transferred to the judicial organs for handling in accordance with law.