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Who bears the liability for indirect trademark infringement

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Who bears the liability for indirect trademark infringement


        

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  • 2024-06-15 08:00:47

    The main responsible person shall be liable for indirect trademark infringement. 1. Civil liability: including cessation of infringement, elimination of influence and compensation for losses. 2. Administrative responsibility: the administrative department for industry and commerce has the right to take the following administrative punishment measures for the trademark infringement cases under its management after finding out the facts: (1) order the infringer to stop the infringement immediately. (2) Seal up or take over the infringing trademark logo. (3) Eliminate trademarks on existing goods and their packaging. (4) Seize molds, printing plates and other criminal tools directly and exclusively used for trademark rights. (5) Order and supervise the destruction of infringing articles. (6) Fines. (7) Order compensation for losses. 3. Criminal responsibility: According to the Trademark Law, if a person counterfeits another person's registered trademark, forges or manufactures another person's registered trademark logo without authorization, or sells a forged or manufactured registered trademark logo, or sells a commodity that he knows is a counterfeit registered trademark, if the case constitutes a crime, he shall be investigated for criminal responsibility according to law. Section 7 of Chapter 3 of the new Criminal Law of our country uses three articles to make detailed provisions on the crime of infringing registered trademarks.

    Legal basis:

    Article 49 of the Trademark Law of the People's Republic of China, if a trademark registrant, in the course of using a registered trademark, changes the registered trademark, the name and address of the registrant or any other registered matter on his own, the local administrative department for industry and commerce shall order him to make corrections within a time limit; If it fails to make corrections within the time limit, the Trademark Office shall revoke its registered trademark.
    Where a registered trademark has become the common name of the commodity approved for use or has not been used for three consecutive years without justified reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receiving the application. If the extension is necessary under special circumstances, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council.

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