1. What are the penalties for using an unregistered trademark as a registered trademark?
1 If an unregistered trademark is used as a registered trademark, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may be notified. 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 not more than 10,000 yuan may be imposed.
2. Legal basis: "Trademark Law of the People's Republic of China"
52 Article 11 If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may notify the person. 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 not more than 10,000 yuan may be imposed.
2. How is it considered as counterfeiting a registered trademark?
According to the provisions of the Trademark Law, affixing a registration mark to a trademark that has not been approved for registration includes other goods outside the scope of approved use of the registered trademark. Using this trademark and adding a registered mark on the goods is an act of passing off a registered trademark.
The main forms of counterfeiting registered trademarks are:
① On unregistered trademarks Use the word "registered trademark" or registered mark ○R;
② Although a registration application has been submitted to the State Trademark Office, or a trademark "registration" has been obtained from the State Trademark Office Application Acceptance Notice", but before obtaining the "Trademark Registration Certificate"The words "registered trademark" or registration mark were added in previous use ○R;
③The trademark registrant exceeds the approved use of goods (or services) Use the registered trademark within the scope and indicate the registered trademark ○R;
④After the registered trademark has been canceled due to failure to complete the trademark renewal registration procedures, or the registered trademark has been revoked After that, continue to use and add the words "registered trademark" or mark the registration mark;
⑤When the registered trademark is used, the approved trademark sign is changed, and the trademark used is There are obvious visual differences between the mark and the approved trademark mark on the "Trademark Registration Certificate". The used trademark mark and the approved trademark mark are no longer similar trademarks. In this case of use, the registration mark ○R will be marked, etc.;
⑥When two or more registered trademarks are used in combination, only one ○R mark is used, causing others to mistake it for one registered trademark, and two or more When the above registered trademarks are used in combination, the approved trademark signs are changed, and the ○R mark of the registered trademark is marked, which constitutes an illegal act of passing off a registered trademark.
According to the provisions of the Trademark Law, any use of a trademark that impersonates an unregistered trademark as a registered trademark shall be stopped by the local industrial and commercial administration department and rectified within a time limit. , and may be notified and a certain amount of fine be imposed based on the illegal income. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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