Will trademark infringement be subject to administrative penalties?

In real life, you may often hear news related to Trademark infringement, so will trademark infringement be subject to administrative penalties? In order to answer your relevant doubts, the editor of Legal Savior Network has compiled relevant legal knowledge for you to read. , hope it can help you.

Trademark infringement will be subject to administrative penalties

According to relevant trademark regulations, for trademark infringement, the infringed party may file a complaint If requested by the industrial and commercial administration department at or above the county level, the industrial and commercial administrative department has the right to take the following measures:

(1) Order an immediate stop to sales;

(2) Receive invitations and destroy infringing trademark signs;

(3) Eliminate infringing trademarks on existing goods;

(4) Seize molds, printing plates or other crime tools that are directly used for trademark infringement;

(5) If the first four measures are insufficient to stop the infringement, or if the infringement is difficult to separate from the goods, order and supervise the destruction of the infringing goods;

(6) Depending on the circumstances, a fine of less than 5% of the illegal business revenue or less than five times of the profits obtained from the infringement may be imposed. The directly responsible person of an entity that infringes upon the exclusive right to use a registered trademark may be fined not more than 10,000 yuan depending on the circumstances.

In practice, there are different approaches to how to calculate the illegal business volume of products that infringe the exclusive rights of others’ registered trademarks. The question is whether the value of the purchased but unsold goods that infringe on the exclusive rights of others’ trademarks should be included in the scope of illegal business. We believe that the illegal business here should be broad. The purchase and sale of goods is of great significance to dealers. It is said that it is an inseparable business activity that can only be sold by purchasing. The purpose of purchasing is to sell and make huge profits. Therefore, the value of part of the goods purchased and then sold should be included in the illegal business volume. The specific calculation method is as follows:

1. If all the goods have been sold, the total sales amount shall be the illegal business amount;