Do brands report the crime of selling counterfeit trademarked goods?

The conditions for filing a case for the crime of counterfeiting registered trademarks are: there are criminal facts and criminal liability must be pursued. When the court, procuratorate or public security department receives a report, accusation, report or even surrender, they will quickly review the materials according to their jurisdiction; if they believe that there are criminal facts, they should file a case. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Do brands report the crime of selling counterfeit trademarked goods?

The filing of a case for the crime of counterfeiting registered trademarks is actually a matter of proving the existence of criminal facts and the need for legal sanctions process.

When people report cases, complaints, reports or surrender to the court, procuratorate or public security bureau The relevant departments will conduct an examination in accordance with their terms of reference. If it is found that there are criminal facts and legal responsibility should be pursued, the case filing process should be initiated immediately.

Article 112 of the Criminal Procedure Law

The people's court, people's procuratorate or public security organ shall promptly review the materials of case reports, accusations, reports and surrenders in accordance with the scope of jurisdiction. When it is believed that there are criminal facts that require criminal liability, The case should be filed; when it is considered that there are no criminal facts, or the criminal facts are obviously minor and there is no need to pursue criminal liability, the case will not be filed and the accuser will be notified of the reasons for not filing the case. If the accuser is dissatisfied, he may apply for reconsideration.

2. Can the common name of a product be used as a trademark?

According to relevant laws and regulations, the common name of a product can be regarded as a trademark that can be registered. However, only the name of the product A logo consisting of a common name is not entitled to be qualified as a registered trademark.

The reason is that the first condition for applying for a registered trademark is that it must be distinctive and be easily identifiable and must not conflict with other individuals or organizations that have obtained legitimate rights and interests.

If a trademark only contains the common name of the goods, it cannot meet the above requirements of distinctiveness. Due to the requirements of sexiness and legibility, it cannot be successfully registered as a trademark.

During the actual operation of trademark registration, the applicant needs to submit sufficient evidence to Prove that the trademark applied for is distinctive and successfully obtain the trademark registration certificate.

In addition, trademark registration must also strictly comply with relevant laws, regulations and regulations , to ensure that the legitimate rights and interests of applicants are effectively protected.

Therefore, if you want to successfully register a trademark, we strongly recommend that you seek professional Use the help of a trademark agency or lawyer to ensure that your trademark fully complies with relevant laws, regulations and requirements.