The new Trademark Law stipulates how the industrial and commercial administration authorities investigate and deal with trademark infringements

In practice, many of us may be exposed to issues such as how the industrial and commercial administration authorities investigate and deal with trademark infringements under the new Trademark Law. However, because we do not know much about this, many things are not clear. So next, the editor of Legal Savior Network has compiled some relevant information and let all friends learn about how the new Trademark Law stipulates how industrial and commercial administrative agencies investigate and deal with trademark infringements.

The new Trademark Law stipulates how the industrial and commercial administration authorities investigate and deal with trademark infringements

According to the provisions of the Trademark Law, The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of Registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authorities for handling in accordance with the law.

The industrial and commercial administration departments at or above the county level have obtained When investigating and punishing suspected infringement of other people's registered trademark rights, you may exercise the following powers:

(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of others’ registered trademarks;

(2) Review and copy the parties’ contracts, invoices, account books and other relevant materials related to infringement activities;

(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe on the exclusive rights of others’ registered trademarks;

(4) Inspect items related to infringement activities; items with evidence that they infringe the exclusive rights of others’ registered trademarks can be sealed or detained. p>

When the administrative department for industry and commerce exercises the powers specified in the preceding paragraph in accordance with the law, the parties concerned shall Assist and cooperate, and do not refuse or obstruct.

During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

When handled by the industrial and commercial administration department, the infringement was determined to be established. If the infringement is committed, the infringing act shall be ordered to immediately cease, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed, and a fine may be imposed. For those who commit more than two trademark infringement acts within five years or have other serious circumstances, Severe penalties should be imposed. Anyone who sells goods that are not known to infringe on the exclusive right to use a registered trademark and can prove that he obtained the goods legally and identified the supplier shall be ordered to stop selling. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request for settlement After mediation by the administrative department for industry and commerce, the parties may also file a lawsuit with the People's Court in accordance with the Civil Procedure Law. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law. Sue.

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