1. Is it illegal to sell goods that do not match the trademark?
From a legal perspective, we can clearly believe that selling counterfeit and shoddy products is both an infringement and At the same time, he is suspected of illegal crimes.
These unscrupulous merchants not only infringe on the trademark rights of the counterfeited products, but may also lead to The infringer suffers economic losses and damaged brand image.
For those who have obtained it by forging or making unauthorized copies of other people’s registered trademarks and sales of related logos If a person with illegal interests commits a crime, in addition to bearing corresponding civil liability for compensation, they will also be subject to criminal penalties according to my country's current laws and regulations.
If the seller clearly knows that the goods sold are products with counterfeit registered trademarks, and If this behavior also constitutes a crime, then they will also need to bear civil liability for compensation and accept criminal sanctions in accordance with the law.
Article 140 of the Criminal Law
If producers or sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products as qualified products, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, The person shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount; if the sales amount is not less than 200,000 yuan but not more than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. , and shall be fined not less than 50% but not more than twice the sales amount; if the sales amount is not less than 500,000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years, and shall also be fined not less than 50% but not more than twice the sales amount. fine; if the sales amount exceeds 2 million yuan, he shall be sentenced to 15 years' imprisonment or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount, or his property shall be confiscated.
2. How to check whether a product has a registered trademark
If you want to know whether a specific product has a registered trademark, You can query in the following ways: Use the official website to query
Log in. And visit the China Trademark Network, the official trademark website established by the State Administration for Industry and Commerce. This website is dedicated to providing enterprises and individuals from all walks of life with detailed information about whether a trademark has been registered.
Here, you can search based on the trademark name, applicant name, registration number and other search conditions. After the relevant information is input, the system will Query results will be automatically generated for your review.
Enter the Trademark Office website for direct query. /p>
Direct access is affiliated to the national industrial and commercial administrationThe little-known Trademark Office official website of the General Administration for more accurate trademark searches.
Use a third-party platform to query.
In addition to the above official channels, you can also try to use some well-known third parties Platforms, such as trademark buying and selling websites or trademark transfer platforms, to conduct inquiries.
These platforms usually provide trademark purchase, sale and transfer services, and also allow users to check whether the trademark is has been registered.
When making queries, be sure to select the correct international classification number and query method , such as Chinese characters, pinyin, numbers or graphics, etc.
Since the query results may lag to a certain extent, we recommend that you The final result shall be subject to the official inquiry.
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