Can a manufacturer sue a seller for trademark infringement?

Can manufacturers sue sellers for trademark infringement? Let’s take a look at the specifics with the editor of Legal Savior.com.

1. Can the manufacturer sue the seller for trademark infringement?

Production It is possible to sue a seller for trademark infringement. For those who infringe the exclusive right to use Registered trademarks, the industrial and commercial administration authorities may take the following measures to impose penalties:

(1) Order to stop infringement

The specific measures are as follows:

Order to stop sales immediately;

Confiscate and destroy infringing goods;

Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.

(2) Impose a fine

For those who infringe the exclusive rights of registered trademarks but do not constitute a crime , the industrial and commercial administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the person directly responsible for the infringement unit may be fined not more than 10,000 yuan according to the circumstances.

If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in 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 industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.

(3) Mediation on the amount of compensation for infringement of trademark exclusive rights

Processing At the request of the parties, the administrative department for industry and commerce may mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.

2. What are the manifestations of trademark infringement?

(1) WithoutThe owner of a registered trademark gives permission to use a trademark that is identical or similar to its registered trademark on the same or similar goods. Specifically, it includes four situations:

1. Using the same trademark as someone else’s registered trademark on the same product;

2. Use a trademark that is similar to someone else’s registered trademark on the same product;

3. Use someone else’s registered trademark on similar products Identical trademark;

4. Use a trademark that is similar to someone else’s registered trademark on similar goods.

Performing such behavior without permission, whether intentional or negligent, constitutes an infringement of the exclusive rights of others' registered trademarks.

(2) Selling goods that are knowingly counterfeit registered trademarks. If the seller subjectively knows or should know that he is selling goods with counterfeit registered trademarks, this constitutes such infringement.

(3) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks. There are four main forms of this type of infringement:

1. Forging other people's registered trademarks;