1. If a trademark is registered abroad, can it be registered domestically?
According to our country According to the relevant provisions of the Trademark Law, individuals and enterprises who want to apply for trademark registration in China must strictly abide by the laws and regulations of their country.
If a foreign trademark does not have an identical or similar trademark in China, such trademark is eligible for legal registration in my country.
When foreigners or overseas companies prepare to apply for trademark registration in my country, they must also abide by and comply with the relevant agreements signed with China and the international agreements they jointly participate in. Convention regulations, or corresponding operations should be carried out in accordance with the principle of reciprocity.
During this process, the applicant has the right to choose to entrust a professional trademark agency in my country to assist in completing the entire process of trademark registration procedures.
Article 13 of the Trademark Law of the People's Republic of China
For identical or similar goods If the trademark applied for registration is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China. If it is likely to cause confusion, it will not be registered and its use will be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited.
2. Criteria for filing the crime of selling counterfeit registered trademark goods
The crime of selling goods with counterfeit registered trademarks means that within the scope of the law, due to violations of trademark management regulations, the seller knowingly knowingly sells goods with counterfeit registered trademarks Conducting sales with a relatively large sales amount is considered a crime.
You need to pay attention to the following situations that may involve the standards for filing a lawsuit:
(1) The total sales amount is more than 50,000 yuan ;
(2) If the goods have not yet been sold, excluding the money received from the sold part, the value of the goods reaches more than 150,000 yuan;
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(3) Although the sales amount has not reached the upper limit of 50,000 yuan, the amount of sales plus the value of unsold goods has exceeded the legal limit of 150,000 yuan. Boundaries.
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