1. Standards for judgment of general trademark violations, regulations on punishment for general trademark violations
The law punishes illegal activities in the use of trademarks:
1. If registration is required but is not registered for sale in the market, it shall be ordered to apply for registration within a time limit, and the illegal business amount shall be five If the amount exceeds 10,000 yuan, a corresponding fine may be imposed;
2. If an unregistered trademark is used as a registered trademark, it shall be stopped and corrected within a time limit, and may be notified and fined Corresponding fines;
3. If the behavior constitutes a crime, criminal penalties will be imposed in accordance with the law.
Legal basis:
Article 6 of the Trademark Law of the People's Republic of China
For goods that require the use of registered trademarks under laws and administrative regulations, you must apply for trademark registration. Products without approved registration may not be sold in the market.
Article 51
Whoever violates the provisions of Article 6 of this Law shall be punished by the local The administrative department for industry and commerce orders an application for registration within a time limit. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of 10,000 yuan may be imposed. A fine of less than RMB 10,000.
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2. Is the use of an unregistered trademark suspected of infringement?
strong>Using an unregistered trademark may also constitute infringement. If you use someone else’s unregistered trademark without permission, after the preemptive registration is successful, the trademark registration Within 5 years from that date, if the original owner of the trademark discovers it and files a lawsuit to declare the trademark invalid to the Trademark Review and Adjudication Board, then there will be a lengthy lawsuit over whether the trademark is infringed.
Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
1 , without the permission of the trademark registrant, using a trademark that is identical or similar to its registered trademark on the same or similar goods;
2. Sales infringement of registration Products with exclusive trademark rights;
3. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;
4. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
5. Causing other damage to others’ exclusive rights to registered trademarks.
3. What are the benefits of hiring a lawyer?
1. Lawyers can help the parties analyze the case and the pros and cons. Any lawsuit is a dispute over rights and obligations. There are quite a number of parties who know little about the law. After hiring a lawyer, you can ask a lawyer who is familiar with the law and familiar with litigation procedures to help analyze the case.
2. Lawyers can help parties investigate evidence.
3. After accepting the appointment for litigation, a lawyer shall appear in court to participate in the litigation, participate in court investigations and court debates, and state opinions and demands in accordance with the law.
[Warm reminder] This is a summary of experience based on current issues. Courts in different regions have subtle differences in trial scales and legal issues., it is recommended to consult a professional lawyer as soon as possible. As a legal service platform around you, the Legal Savior Network has gathered a team of 270,000+ professional lawyers with high efficiency and good service reviews across the country. Consult us directly online, saving time and worry!
