What is the handling of infringement of the exclusive right to use a trademark???

Article 60 of the Trademark Law 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 settle the dispute 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 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, 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 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 penalty shall be imposed. If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark, and can prove that the goods were legally obtained by oneself 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.

Article 61 The administrative department for industry and commerce shall have the right to investigate and deal with any infringement of the exclusive right to use a registered trademark in accordance with law; and where a crime is suspected, it shall be promptly transferred to the judicial organs for handling in accordance with law.

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 sell the goods that it does not know to infringe the exclusive right to use a registered trademark, and prove that the goods were lawfully obtained by itself and explain it.

It shall be settled by the parties 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 it to immediately stop the infringing act, confiscate and destroy the infringing goods and the tools specially used to manufacture the infringing goods or forge the logo of the registered trademark, and may impose a fine. Where the parties are dissatisfied with the disposition decision, 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 disposition notice; Where the infringer does not file a lawsuit and fails to perform at the expiration of the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory enforcement.

The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use the trademark; If mediation fails, 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.

Methods of defining the infringement of the exclusive right of a trademark: Without the permission of the trademark registrant, if the actor intentionally uses a trademark identical to the registered trademark on the same kind of goods, forges or manufactures the logo of another person's registered trademark without authorization, etc., causing losses to the trademark owner, it shall be deemed to have infringed the trademark right.

[Legal basis].

Article 56 of the Trademark Law of the People's Republic of China.

The exclusive right to use a registered trademark is limited to the approved registered trademark and the goods approved for use.

Article 57.

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, the use of a trademark similar to the registered trademark on the same kind of goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe on 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 others, or assisting others in committing 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.

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, the use of a trademark similar to the registered trademark of the trademark is used on the same kind of goods, or the use of a trademark that is identical or similar to the registered trademark of the trademark is likely to cause confusion on similar goods;

3) Selling goods that infringe on 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 others, or assisting others in committing 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.

1. Determination of trademark infringement.

1. Without the permission of the registered trademark owner, the act of using a trademark identical or similar to the registered trademark on the same or similar goods.

2. Without the consent of the trademark registrant, the act of replacing the registered trademark and putting the goods with the replaced trademark on the market This behavior is also known as reverse counterfeiting in theory.

3. Selling goods that infringe on the exclusive right to use a registered trademark. Combined with the provisions of paragraph 3 of Article 56 of the Trademark Law, if the goods that are sold back and do not know that they infringe the exclusive right to use a registered trademark, and can prove that the goods were legally obtained by themselves and explain the provider, they shall not be liable for compensation Therefore, this form of trademark infringement requires subjective knowledge of the seller as an element.

4. Forging or unauthorized manufacturing of others' registered trademark logos or selling forged or unauthorized manufacturing of registered trademark logos. It should be noted that this kind of infringement is an infringement of trademark logo, including both manufacturing and sales.

5. Acts that cause other damage to the exclusive right to use a registered trademark of another person.

II. Types of Trademark Infringement.

1. Without the permission of the registered trademark owner, the act of using a trademark identical or similar to the registered trademark on the same or similar goods.

2. Without the consent of the trademark registrant, the act of replacing the registered trademark and putting the goods with the replaced trademark on the market This behavior is also known as reverse counterfeiting in theory.

3. Selling goods that infringe on the exclusive right to use a registered trademark. Combined with the provisions of paragraph 3 of Article 56 of the Trademark Law, if the seller does not know that it infringes the exclusive right to use a registered trademark, and can prove that the goods were legally obtained by himself and explain the supplier, he shall not be liable for compensation.

4. Forging or unauthorized manufacturing of others' registered trademark logos or selling forged or unauthorized manufacturing of registered trademark logos. It should be noted that this kind of infringement is an infringement of trademark logo, including both manufacturing and sales.

5. Acts that cause other damage to the exclusive right to use a registered trademark of another person.

1. Without the permission of the trademark registrant, using a trademark identical or similar to its registered trademark on the same kind of goods or similar goods.

1) The trademark alleged to be infringing is the same as the registered trademark, and the goods used in the alleged infringing trademark are also of the same type as the goods approved for use by the registered trademark.

2) The allegedly infringing trademark is the same as the registered trademark, and the goods used in the allegedly infringing trademark are similar to the goods approved for use by the registered trademark.

3) The allegedly infringing trademark is similar to the registered trademark, and the trademark used by the allegedly infringing trademark belongs to the same type of goods as the goods approved for use by the registered trademark.

4) The allegedly infringing trademark is similar to the registered trademark, and the goods used in the allegedly infringing trademark are similar to the goods approved for use by the registered trademark.

2. Selling goods that infringe the exclusive right to use a registered trademark;

3. Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacturing of the registered trademark logo;

4. Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market. This practice is also known as "reverse counterfeiting".

5. Causing other damage to the exclusive right to use a registered trademark to others. Huai Bureau.

1. How to compensate for trademark infringement of company name.

According to the provisions of the Trademark Law, the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement 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. Where it is difficult to determine the benefits obtained by the infringer as a result of the delay in infringement, or where it is difficult to determine the losses suffered by the infringed party as a result of the infringement, the people's court shall make a judgment to give compensation of up to 500,000 yuan based on the circumstances of the infringement. This is very detailed, and there are three options:

If your income, other people's losses, and the first two cannot be determined, the court will rule (less than 500,000).

The Trademark Law also stipulates that a person who sells goods that he does not know to infringe on the exclusive right to use a registered trademark shall not be liable for compensation if he can prove that the goods were lawfully obtained by himself and explain the supplier. You got it in the market, do you know it's fake? If you don't know, you just need to provide the market to the merchant who sold your bag, and you may not be liable for compensation.

In addition, if the problem is serious, criminal liability may be pursued. Article 59 of the Trademark Law stipulates that if a person knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, he shall be investigated for criminal liability in addition to compensating the infringed party for its losses.

Clause. 1. Counterfeit registrars digging up sales marks; Counterfeiting of a registered trademark 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 registered trademark owner.

Clause. 2. Selling products that infringe the exclusive right to use trademarks; Not all acts of selling goods with counterfeit registered trademarks are liable for compensation, and only those who know or should know that they infringe the exclusive right to use another person's trademark but still sell them still constitute infringement of the exclusive right to use another person's trademark, and must bear the liability for compensation.

Clause. 3. If the seller does not know that the goods infringe the exclusive right to use the trademark, and can prove that the goods sold are legally obtained by the person and explain the provider of the goods, he shall not be liable for compensation. Counterfeiting or unauthorized manufacture of another person's registered trademark logo, or selling a forged or unauthorized manufacture of a registered trademark logo, replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced scattered trademark on the market, causing other damage to the exclusive right to use the trademark of another person.

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, the use of a trademark similar to the registered trademark on the same kind of goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe on 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 others, or assisting others in committing 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.

Trademark infringement includes: the use of the same and similar trademarks on the same kind of goods and similar goods without the permission of the trademark registrant; Selling goods that infringe on the merchant's right to bring the first bid; Intentionally facilitating the infringement of Zheng Chan's exclusive right to use trademarks, and helping others to infringe on the exclusive right to use trademarks; as well as forging or unauthorized manufacturing of other people's registered trademarks and shouting dust logos.

1. Administrative Approach:

For the infringement of the exclusive right to use a registered trademark, the infringed party may file a complaint with the administrative authority for industry and commerce at or above the county level and request the administrative authority for industry and commerce to investigate and deal with the infringement case. The administrative organs for industry and commerce shall make administrative dispositions of infringement cases that have not yet constituted a crime, and transfer infringement cases suspected of constituting a crime to the judicial organs for criminal liability of the infringer. If a party is dissatisfied with the decision of the administrative organ for industry and commerce, it may file a lawsuit with the people's court within 15 days of receiving the notice.

If they do not prosecute and do not perform at the expiration of the time limit, the relevant administrative organ for industry and commerce shall apply to the people's court for compulsory enforcement.

2. Judicial Channels:

1. Infringement of the exclusive right to use a trademark.

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 on the exclusive right to use a registered trademark;

4. Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacturing of the registered trademark logo;

5. With the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market;

6. Deliberately facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe on the exclusive right to use a trademark;

7. Causing other damage to the exclusive right to use a registered trademark to others.

2. What are the legal liabilities for infringement of the exclusive right to use trademarks?

1. Administrative penalties:

1) Order the immediate cessation of the infringement;

2) confiscation and destruction of infringing goods and tools specially used to manufacture infringing trademarks and forge registered trademark logos;

3) impose a fine of less than three times the illegal business turnover; where the illegal business turnover cannot be calculated, a fine of up to 100,000 yuan is to be imposed.

2. Civil penalties:

1) immediately cease the infringement;

2) Compensation for the losses suffered by the owner of the exclusive right to use the trademark due to the infringement of the exclusive right to use the trademark (the amount is: the benefits obtained by the infringer due to the infringement 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 person to stop the infringement; Where it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed party due to the infringed party, the people's court shall make a judgment to give compensation of up to 500,000 yuan based on the circumstances of the infringement).

3. Criminal penalties:

1) Without the permission of the trademark registrant, the jujube is used on the same trademark as the same trademark as its registered trademark;

2) Forging or manufacturing the registered trademark of another person without authorization, or selling the counterfeit or unauthorized manufacture of registered trademark logos;

3) Selling goods that are known to be counterfeit registered trademarks.