How to be held liable if customized products infringe trademark rights

In real life, we will encounter the problem of how to be held responsible for infringement of trademark rights by customized products. Then many people will want to know the relevant content of this issue and what kind of legal knowledge it contains. In fact, this problem is not complicated. As long as you read the relevant content of the following article carefully, I hope your problem can be solved easily. Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How to be held responsible for trademark infringement of customized products

Generally, it is required Responsible.

It should be noted that the producers of goods that infringe the exclusive rights of Registered trademarks generally do it intentionally, but the sellers of goods that infringe the exclusive rights of registered trademarks may It may or may not be intentional. Therefore, Article 64, Paragraph 2 of the Trademark Law stipulates that “If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you have legally acquired the goods and explain the supplier, you will not be liable for compensation.”

If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture infringing goods and counterfeit registered trademarks For marked tools, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

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.

Prosecution in court.

Generally, goods that infringe the exclusive rights of registered trademarks, in addition to being sold by the producers themselves, often have to go through the sales activities of others to reach consumers. Sellers like this are infringing the exclusive rights of registered trademarksLike producers of goods, they all play a role in confusing the origin of goods, infringing on the exclusive rights of registered trademarks, and harming the interests of consumers. Therefore, this kind of sales should also be considered as an infringement of the exclusive rights of registered trademarks, and should also be treated as trademark infringement, and they should bear corresponding legal liabilities.

If you encounter such problems, please read the above content carefully. So I hope the above answers provided by the editor of Legal Savior Network can solve your problems. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.