What are the penalties for using someone else’s trademark without authorization?

When intellectual property rights were not promoted, many people would misappropriate the results of others to accomplish what they wanted to do, thus losing a sense of innovation. Nowadays, people are paying more and more attention to intellectual property issues and do not want to The fruits of your labor have been stolen. Next, the editor of Legal Savior Network will tell you how you will be punished for using other people’s trademarks without authorization?

What are the penalties for using other people’s trademarks without authorization

May be subject to civil penalties, administrative penalties, and criminal penalties.

If you have registered a trademark, others cannot If you register a similar or similar trademark, others may not use your trademark without permission.

"Trademark Law"

Article 60 includes infringement of registration as listed in Article 57 of this Law If a dispute arises from one of the acts of trademark exclusive rights, it shall be resolved by the parties 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 administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and products mainly used in manufacturing.If a tool is used to manufacture infringing goods or counterfeit registered trademarks, and 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 25.00 yuan may be imposed. A fine of less than 10,000 yuan. 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.

Dispute over the amount of compensation for infringement of trademark exclusive rights , the parties may request mediation from the industrial and commercial administrative department handling the case, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to 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 is exclusively for infringement of registered trademarks The industrial and commercial administrative departments have the right to investigate and deal with any violation of rights in accordance with the law; if a crime is suspected, they shall be promptly transferred to the judicial authorities for handling in accordance with the law.

The rights holder’s losses or the infringer’s gains If it is difficult to determine, it shall be reasonably determined by referring to the multiple of the trademark license fee. If you have any other questions, you are welcome to seek legal consultation on the Legal Savior Network website.