Who is responsible for general trademark infringement?

Generally, Trademark infringement is managed by the industrial and commercial administration department. If it constitutes a crime, you can report it directly to the public security department. As long as the trademark is used without the approval of the trademark registrant and causes losses, then it will be constitute illegal conduct. Regarding the question of who is responsible for general trademark infringement, the editor of Legal Savior Network will answer it in detail for you below.

1. Who is responsible for general trademark infringement?

Generally, it is under the control of the industrial and commercial administration department. If it involves crime, it is under the control of the public security organ.

The "Trademark Law" stipulates that if the infringement of a trademark causes harm to the interests of the victim, you may Report to the industrial and commercial administration department. If it constitutes a crime, you can report it to the public security organ.

Article 60 of the "Trademark Law of the People's Republic of China" includes one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law , if a dispute arises, 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 bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle it. When handling the case, 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. If the illegal business turnover exceeds 50,000 yuan, it may be punished. 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 by the industrial and commercial administrative department handling the matter, 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.

2. What are the main situations of trademark infringement?

Trademark The law provides legal definitions for infringement of trademark exclusive rights, including the following five types:

(1) Without the permission of the trademark registrant, It is trademark infringement if a trademark that is identical or similar to its registered trademark is used on the same kind of goods or similar goods. The same kind of goods mentioned here refers to the same goods as the goods for which the registered trademark is approved; similar goods refer to the functions, uses, raw materials, sales channels, consumer objects, producers and operators of the goods, which are easy for consumers to use. It is difficult to identify the source of goods, resulting in misidentification and mis-purchase; identical trademarks refer to trademarks that are visually indistinguishable or have very subtle differences; similar trademarks refer to trademarks that are compared as a whole and are difficult to distinguish, causing consumers to confuse Mixed trademarks.

(2) Selling goods that infringe the exclusive rights of a registered trademark is a trademark infringement. This means that as a seller of goods, you should not sell goods that infringe the exclusive rights of a registered trademark. If you sell them, it is a trademark infringement. However, it is not an easy task for everyone who sells goods to understand the status of trademarks on thousands or tens of thousands of goods. Therefore, it is necessary to consider the actual situation and correctly understand and use this item. by law.

(3) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks shall constitute trademark infringement. It should be emphasized here that a trademark is a sign that distinguishes the source of goods. Its tangible carrier is the trademark logo, and the trademark plays the role of identifying the goods through the trademark logo. Trademark identification includes trademarked packaging, labels, seals, instructions, certificates and other items. Precisely because a trademark logo is a carrier that embodies the exclusive right to use a trademark, the act of counterfeiting, creating without authorization, or selling these trademark logos registered by others is a trademark infringement act.

(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market is a trademark infringement. This infringement occurs because the trademark is changed without the consent of the trademark registrant in the business operation. The so-called business operation is to put the goods on the market after changing the trademark.

(5) Any act that causes other damage to the exclusive right to use a registered trademark of others is also considered trademark infringement. This item summarizes other trademark infringements that cannot be included in the above four items. This provision shows that infringement of registrationThe most basic characteristic of trademark exclusive rights is to cause damage to others’ trademark exclusive rights. It can be said that whether damage is caused is an important indicator of infringement.

Based on what has been said above, trademark owners can report trademark infringement directly to the industrial and commercial administration department, as long as they have complete evidence. It is also reasonable and legal, so that your own rights and interests can be protected. Therefore, after the trademark is determined, it must be registered in time. Only if the registration is successful will it be recognized. 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.