(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others.
Article 53 If one of the acts listed in Article 52 of this Law infringes upon the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, both parties may bring a lawsuit to the people's court according to the Civil Procedure Law of People's Republic of China (PRC).
Article 54 The administrative department for industry and commerce has the right to investigate and deal with acts that infringe upon the exclusive right to use a registered trademark. Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.
Article 55 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use registered trademarks of others:
(1) Asking the parties concerned and investigating the situation related to the infringement of the exclusive right to use a registered trademark of others;
(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;
(three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;
(4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained.
When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Article 56 The amount of compensation for infringement of the exclusive right to use a trademark refers to the interests gained by the infringer or the losses suffered by the infringer during the infringement, including the reasonable expenses paid by the infringer to stop the infringement.
If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation.
Article 57 Where a trademark registrant or an interested party has evidence to prove that another person is committing or will commit an act that infringes on his exclusive right to use a registered trademark, and if it is not stopped in time, it will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for measures to order him to stop the relevant act and preserve his property before bringing a lawsuit.
The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of People's Republic of China (PRC) in handling the application mentioned in the preceding paragraph.
Article 58 In order to stop the infringement, the trademark registrant or interested party may apply to the people's court for evidence preservation before prosecution, if the evidence may be lost or difficult to obtain later.
After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately.
The people's court may order the applicant to provide a guarantee. If the applicant cannot provide a guarantee, the application shall be rejected.
If the applicant does not bring a suit within 15 days after the people's court takes protective measures, the people's court shall lift the protective measures.
Article 59 Where a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law in addition to compensating the infringed for the losses.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.