Who is responsible for trademark infringement stipulated by law?

When a company discovers that its trademark rights have been illegally infringed upon, it can report it to the industrial and commercial department. First, you need to prepare evidence of the other party's infringement and report it to the public security organs. If the case is minor, a fine will be imposed. If the case is serious, criminal liability will be pursued. Regarding the question of who is responsible for trademark infringement stipulated by law, the editor of Legal Savior Network will answer it in detail for you below.

1. Who is responsible for trademark infringement stipulated by law?

Trademark infringement If it causes harm to the interests of the victim, it may be reported to the industrial and commercial administrative department. If it constitutes a crime, you can report it to the public security organs. Article 61 of the Trademark Law stipulates that the industrial and commercial administrative department has the right to investigate and deal with infringement of the exclusive rights to registered trademarks; if it is suspected of a crime, it will be transferred to the judicial organs for handling according to law. Article 62: When the industrial and commercial administrative departments at or above the county level investigate and deal with acts suspected of infringing on the exclusive rights of others' registered trademarks, they may exercise the following powers based on the evidence of suspected violations or reports obtained: interrogate the relevant parties, investigate the infringement of the exclusive rights of others' registered trademarks rights-related circumstances.

Legal basis:Article 60 of the Trademark Law of the People's Republic of China and Article 50 of this Law If one of the seven acts of infringement of the exclusive right to use a registered trademark 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 the industrial and commercial administration department deal with. 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 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.

2. How to deal with being sued for trademark infringement?

You can follow the following steps:

(1) Check whether the products sold are the same or similar to the other party's trademark rights and belong to the trademark rights merchandise items to confirm Whether it is an infringement;

(2) Confirm whether you have a contract, import and export evidence to support your legal source defense, so as to avoid liability for compensation;

(3) Confirm whether the other party has the intention to settle, and settle with a lower amount;

( 4) Actively respond to the lawsuit.

If a trademark is sued for infringement, you should first check whether your trademark is similar or similar to the other party's trademark. If so, You need to investigate the registration time of your own trademark and that of the other party. If it is indeed later than the other party, you can mediate with the other party. If it does not exist, you can ask a lawyer to respond to the lawsuit and protect your legal rights.I hope the above content can 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.