1. How to know whether a trademark has been registered
Before formally filing an application for trademark registration, the applicant must first conduct a trademark search.The main purpose of trademark search is to search whether there is a prior registration and the proposed application for registration The trademark constitutes a conflict of trademark registration rights.
The trademark search process can be divided into the following three aspects:
1. Search in the online trademark search system (this system is open to the public by the National Trademark Bureau Trademark query platform);
2. Query through the internal trademark query system (the system It is a trademark search tool exclusively used within the company);
3. Submit to the Trademark Office Trademark search requests and entrusts its investigators to conduct official searches.
Trademark Law 》Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
2. Case filing for the crime of selling counterfeit registered trademarks Standard
The legal provisions on the crime of counterfeiting registered trademarks clearly point out that the following situations All can be regarded as criminal acts and subject to criminal investigation:
1. Criminal suspect The business volume obtained through illegal means exceeds RMB 50,000 or the illegal gains obtained from the criminal activities exceed RMB 30,000;
2. The number of counterfeit registered trademarks is more than two, and through this method, the illegal business volume exceeds 30,000 yuan or the illegal income exceeds 20,000 yuan;
3. In addition to the above situations, if there are other serious circumstances, criminal responsibility should also be investigated in accordance with the law .
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