Is it illegal for a small sesame oil workshop to sell unbranded incense?

On this basis, if the person being punished has no actual illegal income or his illegal income is less than 20,000 yuan, then the punishment will be ultra vires and lose its effectiveness. In this case, you have the right to file a lawsuit in court and request the court to determine that the punishment imposed by the industrial and commercial department is illegal. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Is it illegal for a small sesame oil workshop to sell unbranded incense

In most cases, this type of behavior is considered illegal.

According to relevant laws and regulations, we need to take measures to correct and stop it.

Specifically, products produced and sold in violation of regulations should be immediately banned from continuing production and sales, and at the same time recover corresponding economic losses from them; if there are serious problems with product labeling and illegal gains have been obtained, their illegal gains should be further confiscated.

If these behaviors cause great harm, for example, the illegal income exceeds 20,000 Yuan, then the excess penalty will be deemed invalid.

On this basis, if the person being punished has no actual illegal gains or his illegal If the income is less than 20,000 yuan, then the penalty will be ultra vires and lose its effectiveness.

In this case, you have the right to file a lawsuit with the court and request the court to determine Penalties imposed by the industrial and commercial departmentsIt is illegal.

Article 6 of the Trademark Law

Goods that are required to use registered trademarks under laws and administrative regulations must apply for trademark registration. Products without approved registration may not be sold in the market . Article 35

If an objection is raised against a trademark that has been preliminary approved and announced, the Trademark Office The opponent and the opponent shall be heard to state the facts and reasons. After investigation and verification, a decision shall be made within twelve months from the expiration of the announcement period on whether to approve the registration, and the opponent and the opponent shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law. If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party. In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency, the review may be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.

2. Are numbers prominent in the trademark name?

according toAccording to the regulations on the setting of distinctive characteristics in my country’s Trademark Law, in principle, the key to determining whether a trademark is distinctive is to observe what concepts or connotations the mark contains, and how these contents are related to the goods or services represented by the trademark. What kind of relationship exists between them.

In other words, the criterion for judging distinctiveness needs to consider the logo itself and the content of the trademark. The degree of direct connection between the imported goods or services, or in other words, this connection should be weakened as much as possible or realized at a higher level of abstraction.

(1) When the Chinese characters in the Chinese trademark are exactly the same, only the font, When there are differences in design, phonetic notation or arrangement order, if such differences are likely to cause relevant consumers to misunderstand the origin of the goods or services, then we can identify them as similar trademarks.

(2) Similarly, when the trademark consists of exactly the same foreign words, letters or numbers If there are only minor differences in font or design, and this difference may cause confusion among relevant consumers about the source of the goods or services, then we can also treat them as similar trademarks.