What are the penalties for trademark infringement?

In accordance with Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative authority for industry and commerce may take the following measures to impose penalties for infringement of the exclusive right to use a registered trademark.

1) Order to cease and desist from infringement.

The specific measures are as follows:

order the immediate cessation of sales;

confiscation and destruction of infringing goods;

Confiscation and destruction of tools specially used to manufacture infringing goods and forge registered trademarks.

2) imposition of fines.

For those who infringe on the exclusive right to use a registered trademark but have not yet constituted a crime, the administrative authority for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business turnover or less than five times the profit obtained from the infringement; The person directly responsible for the infringing unit may be fined up to 10,000 yuan according to the circumstances.

If the parties are not satisfied with the above two dispositions, they may file a lawsuit with the people's court in accordance with the "Administrative Litigation Law of the People's Republic of China" within 15 days of receiving the notice. If they do not prosecute within the time limit and do not perform, the industrial and commercial administration organs shall apply to the people's court for compulsory enforcement.

3) Mediation on the amount of compensation for infringement of the exclusive right to use the trademark.

The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for the infringement of the exclusive right to use the trademark, and if the mediation fails, the parties may file a lawsuit with the people's court in accordance with the law.

1.Immediately order the infringer to stop selling goods using the same or similar trademark.

2.Destruction and receipt of infringers' trademarks.

3.Remove the infringing trademark from the infringer's current goods and prohibit its reuse.

4.The printing plates, molds and corresponding tools used in the printing of infringing trademarks shall be confiscated together.

5.If the above measures still cannot stop the infringing acts, or the infringing acts related to the goods have not stopped, the industrial and commercial administration department will order and supervise the infringers to destroy the infringing goods.

6.In addition to the above, financial fines are imposed depending on the severity of the circumstances, ranging from less than 5% of the illegal business turnover or less than 5 times the profit. A fine of less than 10,000 yuan shall be imposed on the person directly responsible for the relevant infringing unit.

And it is also necessary to compensate for all the losses of the infringed party. Therefore, when the infringed party reports to the industrial and commercial department, it must grasp and collect evidence, and it is best to take video materials, so that the industrial and commercial department can successfully catch the infringer after the investigation.

Legal analysis: 1. If the infringement is established, the administrative department for industry and commerce will order the infringement to be stopped immediately, and confiscate and destroy the infringing goods and the tools mainly used to manufacture the infringing goods and forge the registered trademark logo. 2. Where the amount of illegal business 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 turnover or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

3. Those who commit more than two acts of trademark infringement within five years or have other serious circumstances shall be punished heavily. In addition, the administrative department for industry and commerce may also negotiate mediation on the amount of compensation according to the wishes of both parties to the trademark infringement.

Legal basis: Trademark Law of the People's Republic of China

Article 53: Where the provisions of paragraph 5 of Article 14 of this Law are violated, the local administrative department for industry and commerce shall order corrections and impose a fine of 100,000 RMB.

Rule 54 If a party is dissatisfied with the decision of the Trademark Office to cancel or not to cancel a registered trademark, he or she may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce.

If a party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice.

Article 60 Where any of the acts listed in Article 57 of this Law infringes upon 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 negotiate, the trademark registrant or interested party may file a lawsuit with the people's court, or it may 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 is determined 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 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, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed on the roller sail. 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 with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

The specific punishment measures for trademark infringement include: the civil liability for stopping the infringement and compensating for losses as determined by the court, and the administrative punishment of ordering the infringement to be stopped, confiscating the illegal tools, and imposing fines issued by the administrative department for industry and commerce in accordance with the law.

Legal basisArticle 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 is determined that the infringement is established, it shall order the fan cover to immediately stop the infringing act, confiscate and destroy the infringing goods and the tools mainly used to manufacture the infringing goods and forge the registered trademark logo, 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, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.

Article 61.

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; and where a crime is suspected, it shall be promptly transferred to the judicial organs for handling in accordance with law.

1.order the immediate cessation of sales;

2.confiscate and destroy the marks marked with infringing trademarks;

3.Removal of infringing trademarks from existing goods;

4.Confiscate molds, printing plates, and other tools used exclusively for trademark infringement.

Legal basis] According to Article 2 of the Trademark Law, the Trademark Office of the Administrative Department of the Industrial and Commercial Bank of China is in charge of the registration and management of trademarks nationwide. The administrative department for industry and commerce has set up a trademark review committee to deal with trademark disputes.

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 of all 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 cases of self-negotiation and disagreement, where the circumstances of the infringement are generally relatively minor and the consequences are not serious, administrative penalties may be exempted, i.e., administrative liability may 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 has not made 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 party involved in the case.

If the infringement of the exclusive right to use a registered trademark does not constitute the crime of trembling for the time being, the administrative department for industry and commerce must also impose a fine of less than 50% of the illegal business revenue or less than 5 times the illegal income according to the circumstances. and according to the circumstances, impose a fine of less than 10,000 yuan on the directly responsible personnel.

Legal basis: Trademark Law of the People's Republic of China Article 63 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 award of compensation shall include the reasonable expenses paid by the right holder to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide account books and materials related to the infringement if the person has tried its best to present evidence, and the account books and materials related to the infringement are mainly in the possession of the infringer; Where the infringer does not provide or provides false account books or materials, the people's court may determine the amount of compensation by referring to the rights holder's claims and the evidence provided. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer as a result of the infringement, and the license fee for the registered trademark, the people's court shall make a judgment to give compensation of not more than RMB 5 million according to the circumstances of the infringement.

The people's court hearing a trademark dispute case shall, at the request of the right holder, order the destruction of the goods that are counterfeit registered trademarks, except in special circumstances; The materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or under special circumstances, order that the aforementioned materials and tools be prohibited from entering commercial channels without compensation. Goods with counterfeit registered trademarks may not enter the commercial channel after only removing the counterfeit registered trademark.

Legal analysis: The penalties for trademark infringement are: 1. Order to immediately stop sales; 2. Confiscate and destroy the infringing trademark logo; 3. Eliminate infringing trademarks on existing goods; 4. Confiscate molds, printing plates and other tools that are directly and exclusively used for trademark infringement.

Legal basis: The Civil Code of the People's Republic of China is blind.

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 tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, 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.