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How to deal with the infringement of counterfeit trademarks
Measures to deal with the infringement of counterfeit trademarks: the infringed can complain to the administrative department for industry and commerce. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement and confiscate the tools for forging registered trademarks. If the amount of illegal income is relatively large or there are other serious circumstances, it constitutes a crime. He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. If the amount of illegal income is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. The crime of counterfeiting a registered trademark refers to the act of using the same trademark on the same commodity without the permission of the registered trademark owner. Without permission, it is one of the contents of the exclusive right to use a registered trademark that is identical with or similar to a registered trademark of another person.

First, the way to deal with trademark infringement:

1. Complain or report to the administrative department for industry and commerce at or above the county level where the infringer is located or where the infringement is committed.

2. The infringed person may also directly bring a suit in a people's court, or bring a suit in a people's court if he refuses to accept the handling by the administrative department for industry and commerce.

The principle of acceptance is different.

3. The administrative department for industry and commerce should "take the initiative to investigate and deal with" trademark infringement even if no one accuses or reports it, starting from protecting consumers' interests, stopping unfair competition and maintaining normal social and economic order. The people's courts practice the principle of "not suing and ignoring". A trademark infringement case shall not be accepted by the people's court unless it is prosecuted by the infringer.

Second, the way to report counterfeiting:

1, the brand can complain to the administrative department for industry and commerce. After mastering the evidence, the brand can find the district and county industrial and commercial bureau or the nearest industrial and commercial bureau to report the infringer and request the industrial and commercial department to investigate and deal with it. After confirming that the other party sells fakes, the industrial and commercial bureau will severely punish them.

2. Brands can complain through the website. For example, the e-commerce platform, taking Taobao as an example, is an intellectual property protection platform, and there is also a 123 15 network platform, which is equivalent to the online form of industrial and commercial reporting and can also play a role in safeguarding rights.

3. The brand can entrust others to make complaints. Because there are many blind spots in their own rights protection, brands are increasingly inclined to use third-party platforms to protect their rights. Professional third-party platforms can carry out targeted anti-counterfeiting rights protection and help brands save various costs.

Legal basis:

Article 61 of the Trademark Law of People's Republic of China (PRC) * * * The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.