What to do if a trademark is used without authorization

Trademarks are important symbols between merchants and products. However, a Trademark does not mean that you have to use it yourself. After obtaining permission and paying a certain fee, others can also use the trademark. So what should you do if your trademark is used without authorization? The editor of Hualu has summarized the relevant knowledge for your reference. I hope it can help you.

What should I do if my trademark is used without authorization

If a dispute arises, it shall be resolved by negotiation between the parties; if the parties are unwilling to negotiate or negotiate If this fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.

Article 60 of the Trademark Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of the Law causes a dispute, 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 with the People's Court or request a The industrial and commercial administration department shall handle it.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be 50,000 yuan. If the amount exceeds 50,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount 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 trademark exclusive rights, the parties may request mediation by the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the provisions 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 do not perform the mediation letter 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.

The editor reminds you that when a trademark is used without authorization by others, it is often difficult to Grasp the infringement information from the beginning. Generally, the trademark infringer has already obtained certain benefits by the time he knows it. Therefore, it is recommended that the trademark owner find out that his trademark has been infringed and suffer a large loss. It is recommended that he find a professional intellectual property rights lawyer. Lawyers can help. The above is the relevant information summarized for you. I hope it can help you. The Legal Savior Network is committed to building an excellent legal consultation platform. If you still have questions, welcome to consult with lawyers.