What is the meaning of counterfeit trademark
Counterfeit trademark refers to an unregistered trademark Intentionally using another person’s registered trademark on identical or similar goods without the consent of the trademark owner. There is a strict distinction between counterfeit trademarks and shoddy goods. Fake and shoddy goods are about product quality, while counterfeit trademarks are about infringement of intellectual property rights and the exclusive rights of trademarks protected by trademark law.
Penalty for counterfeit trademarks
The handling of counterfeit trademarks is divided into two situations:
(1) Counterfeiting of trademarks that does not constitute a crime Handling;
(2) Handling of the crime of counterfeiting trademarks. The handling of trademark counterfeiting that does not constitute a crime is basically the same as the handling of infringing acts and methods. Anyone who constitutes counterfeiting someone else’s registered trademark may file a complaint with the industrial and commercial administration or the procuratorial organ. If the accuser is reported to the industrial and commercial administrative authorities, the industrial and commercial administrative authorities will handle the case as a general infringement and transfer the person directly responsible for the crime to the people's procuratorate for investigation of criminal liability.
The crime of counterfeiting a registered trademark is defined as:
1. Unregistered trademark owner License, using the same trademark as the registered trademark on the same kind of goods, the amount of illegal income is relatively large, or there are other serious circumstances;
2. Selling knowingly that it is counterfeit For goods with registered trademarks, the amount of illegal income is relatively large;
3. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; The amount of illegal income is relatively large or there are other serious circumstances.
The value of a trademark
Trademark is an intangible asset of an enterprise. The value of a trademark has no A very standard decision. The value of a trademark as an asset in the investment or business process is the amount of capital contained in the trademark asset. It refers to its capital value, not its honorary or subjective value.
The above are the relevant legal provisions on counterfeit trademarks that the editor has found for you. Trademarks have their own unique value and meaning, and are subject to the same laws as intellectual property rights. Instead of counterfeiting trademarks, it is better to do a good job in product and promotion. The editor reminds everyone not to break the law because of greed for immediate benefits, and in the end the gain outweighs the loss. If you have other questions, you can seek legal consultation on the Legal Savior Network.