How many years will trademark infringement last?

In practice, many of us may be exposed to issues such as trademark infringement, but because we don’t know much about it, there are many things that are not very clear. Regarding this issue, next, the editor of Legal Savior Network has compiled some relevant information and will let you know how many years it will take for trademark infringement to come together.

Trademark infringement will last for several years

"Criminal Law of the People's Republic of China" Article 214【 Crime of selling goods with counterfeit registered trademarks] Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to not less than three years in prison A prison term of not more than seven years and a fine.

Article 215 [Illegal manufacturing , Selling Illegally Manufactured Registered Trademarks] Forgery, unauthorized manufacture of registered trademarks of others, or sale of forged or unauthorized registered trademarks. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and shall also or solely be fined. ; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using the same product on the same product without the permission of the trademark registrant Trademarks with similar trademarks, or the use of trademarks that are identical or similar to the registered trademark on similar goods may easily lead to confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization;

(5) Replace the registered trademark without the consent of the trademark registrant and replace the trademark The goods are put into the market;

(6) Intentionally providing facilities for infringement of other people's exclusive rights to trademarks and helping others to infringe on exclusive rights to trademarks;

(7) Causing other damage to the exclusive right of registered trademarks of others.

The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma. , order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and may impose a fine. If the party is dissatisfied with the decision, the party may Within fifteen days from the date of receipt of the disposal notice, a lawsuit shall be filed in the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China"; if the infringer does not file a lawsuit and fails to perform at the expiration of the time limit, the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement. At the request of the parties, the administrative department 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 Civil Procedure Law of the People's Republic of China.

Article 52 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China": Infringement of registration For trademark exclusive rights, the fine amount shall be less than three times the illegal business volume; if the illegal business volume cannot be calculated, the fine amount shall be less than 100,000 yuan.

According to the above provisions, the administrative liability for infringement of trademark rights mainly includes: ordering to immediately stop the infringement, confiscating and destroying the infringing goods and those specifically used for manufacturing Infringing goods and tools for counterfeiting registered trademarks may be fined.

3. Criminal liability

( 1) Crime of counterfeiting registered trademark

Unregistered trademark Anyone who uses the same trademark as his registered trademark on the same kind of goods with the permission of the owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Imprisonment and fine.

Using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, under the following circumstances: 1. If the circumstances are “serious” as stipulated in Article 213 of the Criminal Law, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also be fined or shall be fined alone:

(1) The illegal business amount exceeds 50,000 yuan or the illegal income amount exceeds 30,000 yuan The above;

(2) Counterfeiting of two or more types Registered trademark, illegal business amount is more than 30,000 yuan or illegal income is more than 20,000 yuan;

(3) Other serious circumstances.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years for the crime of counterfeiting a registered trademark , and be fined:

(1) Illegal business operations The amount is more than 250,000 yuan or the illegal income is more than 150,000 yuan;

(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 150,000 yuan or the illegal income amount is more than 100,000 yuan;

(3) Other particularly serious circumstances

(2) The crime of counterfeiting or unauthorized manufacturing of registered trademarks of others or selling forged or unauthorized registered trademarks.

Forgery, unauthorized production or sale of registered trademarks of others Those who forge or manufacture registered trademarks without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and may also be fined; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. .

Forgery, unauthorized production or sale of registered trademarks of others Anyone who forges or manufactures registered trademarks without authorization under any of the following circumstances shall fall under the “serious circumstances” stipulated in Article 215 of the Criminal Law and shall be sentenced to a fixed term of not more than three years for the crime of illegally manufacturing or selling illegally manufactured registered trademarks. Imprisonment, detention or surveillance, together with or solely a fine:

(1) The number of counterfeited or unauthorized manufactured registered trademarks or signs exceeds 20,000, or the amount of illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 30,000 yuan;

(2) Counterfeiting, manufacturing without authorization, or selling counterfeiting, without authorization Producing more than 10,000 pieces of two or more registered trademarks, or the amount of illegal business operations is more than 30,000 yuan, or the amount of illegal income is more than 20,000 yuan;

(3) Other serious circumstances.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 215 of the Criminal Law and shall be sentenced to not less than three years and seven years for the crime of illegally manufacturing and selling illegally manufactured registered trademarks. The following sentences of imprisonment and fines:

(一) The number of counterfeit or unauthorized manufactured registered trademarks and signs exceeds 100,000, or the amount of illegal business operations exceeds 250,000 yuan, or the amount of illegal income exceeds 150,000 yuan;

(2) Forgery, unauthorized manufacture or sale of both counterfeit and unauthorized manufacture The number of registered trademarks of more than one type is more than 50,000, or the amount of illegal business operations is more than 150,000 yuan, or the amount of illegal income is more than 100,000 yuan;

I hope that through the above content you can have a deeper understanding of some issues related to trademark infringement. If you are in a different situation Complex, this website also provides lawyer online consultation services, you are welcome to have legal consultation.