Industry and commerce applies new law to handle trademark infringement cases for the first time

A few days ago, the Industrial and Commercial Bureau of Ganzhou Economic and Technological Development Zone in Jiangxi Province (hereinafter referred to as the Industrial and Commercial Bureau of the Development Zone) investigated and dealt with a case of infringement of the trademark rights of a Colombian company by a garment factory based on reports from the masses. This is the first case that the Office has investigated and dealt with by applying the relevant provisions of the new Trademark Law.

In mid-July 2014, the Industrial and Commercial Bureau of the Development Zone received a report that some of the clothing produced by the garment factory run by Feng in Tankou Town in the district was suspected of infringing on the registered trademark of Columbia Company ( Pictured above), request the industrial and commercial department to investigate and deal with it. On-site inspection by law enforcement officers found that 835 sets (pieces) of processed men's clothing were stacked in the party's factory. These men's clothing were all marked with registered trademarks (pictured above) and belonged to another party, Sun (the party contacted him many times after the incident). Unable to contact) who entrusted Feng with processing through "processing with supplied materials" did not obtain permission or authorization from the registered trademark owner. By the time of the incident, the Parties had collected a total of more than 20,000 yuan in entrusted processing fees.

In this case, the entrusting party Sun was not the registered trademark owner or licensee, but he entrusted the party Feng to produce products without authorization; when accepting the order, the party knowingly The other party still processes products for it without trademark rights. The client, Sun, and the processor, Feng, maliciously colluded to produce and sell goods that infringed on the exclusive rights of others' registered trademarks, which constituted joint infringement and fell into the category of "unregistered trademark" as specified in Article 57, Item (1) of the new Trademark Law. The act of using the same trademark as the registered trademark on the same goods without the person's permission. According to Article 78 of the new "Trademark Law Implementation Regulations", "To calculate the illegal business volume stipulated in Article 60 of the Trademark Law, the following factors may be considered:... (5) The infringer's business income generated by infringement", Because the party produces the infringing goods through processing with supplied materials, its operating income is the commissioned processing fee collected.

According to the provisions of Article 60 of the Trademark Law, the parties are ordered to immediately stop the infringement, remove the trademark logo on the infringing goods, and impose a fine.