If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times the profit from the infringement.

The person directly responsible for the infringing unit may be fined up to 6,543.8+0,000 yuan according to the circumstances.

The legal basis of trademark infringement punishment is as follows:

According to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures for punishment.

1, ordered to stop the infringement.

(1) ordered to stop selling immediately;

(2) Confiscating and destroying infringing articles;

(3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks.

Step 2 impose a fine

If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 6,543.8+0,000 yuan according to the circumstances.

3. The amount of mediation compensation.

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, the parties may bring a lawsuit to the people's court according to law.

Extended data:

Article 2 13 of the Criminal Law of People's Republic of China (PRC): Crime of counterfeiting registered trademarks:

Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined;

If the circumstances are especially serious, 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.

Article 214 The crime of selling goods with counterfeit registered trademarks:

Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the sales amount 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.

Article 215 The crime of illegally manufacturing or selling illegally manufactured registered trademark marks:

Forge or make a registered trademark logo of others without authorization or sell a forged or made registered trademark logo without authorization.

If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are especially serious, 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.

References:

Baidu Encyclopedia-China People and China Criminal Law