(1) Order to stop the infringement.
The specific measures are as follows:
(1) Order to stop selling immediately;
(2) Confiscating and destroying infringing articles;
(3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks.
(II) Impose a fine
If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 5% of the illegal business amount or less than 5 times of the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 6,543.8+, yuan according to the circumstances.
if a party refuses to accept the above two treatments, he may bring a lawsuit to the people's court in accordance with the administrative procedure law of the people's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.
(III) Mediation of the amount of compensation for infringement of the exclusive right to use a trademark
The administrative department for industry and commerce may mediate the amount of compensation for infringement of the exclusive right to use a trademark at the request of the parties concerned. If mediation fails, the parties may bring a lawsuit to the people's court according to law.
The full text of what constitutes trademark infringement and how to punish trademark infringement has ended. If your normal business activities are identified as trademark infringement, you should actively safeguard your own interests and don't passively resist. In this case, you can entrust a professional intellectual property lawyer to help you defend your rights.
the right of first use in the defense of trademark infringement refers to the right of first use in the field of trademark law, which means that someone has used the same or similar trademark on the same or similar goods before others apply for trademark registration. After the registration of a trademark applied for by others is approved, the first user has the right to continue to use the trademark within the original scope, but may not expand the scope of use or transfer or license the unregistered trademark. The right of first use is aimed at previously registered trademarks, so the system mainly exists in countries and regions that implement the principle of registration. Because if you leave the protection of this system, others can first register unregistered trademarks that have been used for a certain number of years and have considerable market reputation, and then in turn prohibit the first user from using their own trademarks; In this way, the trademark reputation cultivated by the early users for many years may be lost because of this rush to register, and the rush to register can easily occupy the market by using the commodity reputation and market reputation established by others, which is essentially an unfair competition. The legislative value of the preemptive right system lies in protecting the interests of unregistered trademark users who have a certain reputation in the market, thus stabilizing the existing social and economic relations and realizing the balance of interests between the protection of the exclusive right to use registered trademarks and the first users.
what are the defense conditions of the right of first use? To establish the system of preemption in the field of trademark law, it is necessary to fully consider the interests of the first users in order to realize the social goal of fair and reasonable sharing of intellectual property rights in trademark law; It is also necessary to fully protect the interests of trademark owners, and the use of identical or similar registered trademarks by prior users should not confuse consumers with the sources of goods or services. Therefore, the defense of preemption should meet the following conditions:
1. The fact of prior use. That is to say, the person who advocates the defense of the right of first use did use the same or similar trademark in the production and business activities before others applied for trademark registration.
2. The previously used trademarks have had a certain impact before others applied for registered trademarks, and they are well known to relevant consumers.
3. the scope of the right of first use is limited to the scope of goods before the registered trademark of others is approved and registered, and it shall not be expanded arbitrarily. This scope is usually limited to the original scope of goods or services and cannot be expanded at will.
4. After the trademark applied by others is approved and registered, the first user shall use the trademark on the principle of not causing confusion to consumers, and shall not sell his own goods under the influence of the trademark owner. In other words, the first-time user shall not continue to use his trademark for the purpose of unfair competition. In terms of specific practices, first-time users can distinguish themselves from the products of trademark owners by attaching certain marks to their products, such as indicating their factory name or address.
the above is the definition of trademark infringement provided by Bian Xiao. I hope you like it!