To which department can you complain about service trademark infringement?

For trademark infringement, you can complain to the local administrative department for industry and commerce, or you can negotiate with the infringed party to resolve it first. If the negotiation fails, the administrative department for industry and commerce confirms that it constitutes trademark infringement, and should impose administrative penalties on the infringed party in accordance with the law. Moreover, serious trademark infringements are subject to criminal liability. As for the department to which you can complain about service trademark infringement, the editor of Legal Savior Network will give you a detailed answer below.

1. To which department can I complain about service trademark infringement?

Service trademark Complaints about infringement can be made to the industrial and commercial administration department.

Legal basis: "Trademark Law of the People's Republic of China"

Article 60 If a dispute arises from any of the acts that infringe upon the exclusive right to use a Registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, , the trademark registrant or interested party may file a lawsuit in the People's Court, or request the industrial and commercial administrative department to handle the matter.

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 in the manufacture of infringing goods and counterfeit goods. Tools with registered trademarks, 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.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Procedure Law of the People's Republic of China. 》Sue in the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation agreement after it becomes effective, 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 61: 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;Those suspected of committing crimes shall be promptly transferred to judicial organs for handling according to law.

2. What are the criteria for determining trademark infringement?

Legal basis: "Trademark Law of the People's Republic of China"

Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

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

(2) Without the permission of the trademark registrant , using a trademark that is similar to its registered trademark on the same product, or using a trademark that is the same or similar to its registered trademark on similar products, which is likely to cause confusion;

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

(4) Forging or making without authorization registered trademark signs of others or selling forged or making without authorization registered trademarks Trademark identification;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

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

The competent authority for registered trademarks is the administrative department for industry and commerce. If you apply for trademark registration or discover a trademark infringement, the administrative department for industry and commerce has jurisdiction. When investigating trademark infringement, the competent authorities will transfer the case to the public security organs if they are found to be suspected of criminal offenses. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.