What legal regulations need to be followed when using unregistered trademarks
"Trademark Law of the People's Republic of China"
Article 52 If an unregistered trademark is used as a registered trademark, Or the use of unregistered trademarks in violation of the provisions of Article 10 of this Law shall be stopped by the local industrial and commercial administrative department, corrections may be made within a time limit, and a notification may be issued. If the illegal business volume exceeds 50,000 yuan, a fine of 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 less than 10,000 yuan may be imposed.
【Interpretation】
This article There is a total of 1 paragraph, which stipulates corresponding punishment measures for unregistered trademarks, passing off registered trademarks or using prohibited signs.
1. Regarding the modification of this article This article is based on the original It is formed based on the provisions of Article 48 with modifications. The original Article 48 stipulates: “Anyone who uses an unregistered trademark and commits any of the following acts shall be prosecuted by the local industrial and commercial bank:The administrative department shall stop it, make corrections within a time limit, and may issue a notice or impose a fine: (1) counterfeiting a registered trademark; (2) violating the provisions of Article 10 of this Law; (3) shoddy manufacturing, passing off inferior quality goods, and deceiving consumers. of. "This revision includes the following aspects: First, the original provision in item 3 is deleted, that is, "Shoddy manufacturing, passing off inferior quality products, and deceiving consumers." Second, the original provisions "may be reported or "Issuing a fine" has been adjusted to allow notification and fines. Third, the standards for fines and penalties are stipulated.
2. Penalties on unregistered trademarks, passing off registered trademarks or using prohibited signs. The so-called unregistered trademarks refer to those that are used directly on goods without the approval of the Trademark Office for registration. Trademarks. Unregistered trademarks are part of trademarks, but because they have not been registered, they do not have exclusive rights to trademarks. The state allows the use of unregistered trademarks, mainly taking into account the level of economic development in our country. For some production is not yet stable, and the products are not yet The principle of voluntary registration is adopted for stereotyped goods, as well as some small goods produced and sold locally within a specific geographical area, and trademark registration is not mandatory. However, this does not mean that the state will let the use of unregistered trademarks go unchecked. According to this article According to the regulations, if an unregistered trademark is used in any illegal manner, it will be punished accordingly.
It should be noted that according to the provisions of the Administrative Penalty Law, among the above-mentioned handling measures, only fines are administrative penalties. Any measures taken by the local industrial and commercial administrative departments stipulated in this article shall be stopped and corrected within a time limit. , notification and other measures are not administrative penalty measures.
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