1. What are the penalties for international trademark infringement?
International trademark infringement Penalties are imposed in accordance with the provisions of domestic law transformed from international treaties and international practices, that is, trademark law. A trademark infringer may be required to compensate the right holder for losses. If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine by the above methods, it can be reasonably determined by referring to a multiple of the trademark license fee. For those who infringe on the exclusive right to use a registered trademark, according to Article 53 of the Trademark Law and Article 43 of the Implementing Regulations of the Trademark Law, the industrial and commercial administration authorities may order a cessation of sales, confiscate the infringing goods, impose fines, and compensate for losses. and other punitive measures.
2. Regulations related to trademark infringement
Legal basis: Article 63 of the Trademark Law of the People's Republic of China
Infringement of the exclusive right to use a trademark The amount of compensation shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; if the losses incurred by the right holder or the benefits obtained by the infringer are difficult to determine, refer to the The multiple of the trademark license fee shall be reasonably determined. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
3. What are the ways to protect international trademark infringement?
1. Register your own international trademark in a timely mannerTrademark protection is regional and can only be based on the enterprise's own With the development of the market, only by doing a good job in international trademark registration can we protect our own rights and interests and reduce the risk of trademark preemption from the source.
2. Send a warning letter to the infringer
When you find that others have started to register the same as yourself or a similar trademark, a warning letter can be issued to the applicant. This kind of letter generally has a certain deterrent effect on those infringers. After all, infringers register trademarks just to take advantage of loopholes.
3. Timely filing of trademarks
After the trademark registration is successful, you should actively The corresponding countries or regions should carry out customs registration to prevent the outflow and inflow of products/services with the same or similar trademarks, so that the negative impact of infringing products can be reduced with the help of the customs power of each country.
4. Registered trademark announcement objection period
The commonly adopted practice internationally is trademark After review, an announcement objection period lasting several months (usually 3 months) will begin. During this period, anyone can file an objection against the registered trademark. If an enterprise finds that the announced trademark is identical or similar to its own registered trademark, it can file an objection.
5. Judicial approaches to resolve international trademark infringement
When an enterprise faces domestic and international trademark infringement When doing so, remember to take up legal weapons to protect your rights and interests. A registered trademark will enjoy exclusive trademark rights in the place of registration. If anyone infringes upon this right, the trademark owner can file an infringement lawsuit in court.
Citizens have the right to take up legal weapons to defend their rights. Once they are infringed, they can protect their rights through legal channels, including judicial channels, and live their daily lives , you should register your trademark as soon as it is completed to prevent infringement. 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.
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