What products are included in the registered trademark?

The products used by registered trademarks include medicines and tobacco. Most products now have their own trademarks. A trademark is an important symbol that distinguishes a product from other products. In our country, some products must have trademarks. Products currently requiring the use of registered trademarks include two special products: pharmaceuticals and tobacco. Regarding the question of what products are included in the registered trademark, the editor of Legal Savior Network will answer it in detail for you below.

1. What products are covered by the registered trademark?

Legal basis: Article 6 of the "Trademark Law" stipulates: "For goods that are required to use a registered trademark by the state, they must apply for trademark registration. If the registration is not approved, they may not be sold in the market."

The "goods for which registered trademarks must be used according to state regulations" as mentioned in Article 6 of the "Trademark Law" refers to the goods for which registered trademarks must be used according to laws and administrative regulations. Therefore, registered trademarks must be used for specific goods specified by laws and administrative regulations. Currently, tobacco products must use registered trademarks according to our country's laws and regulations.

The "Tobacco Monopoly Law" stipulates: "Cigarettes, cigars and packaged cut tobacco must apply for trademark registration. Without approval and registration, they may not be produced or sold. It is prohibited to produce and sell tobacco products that counterfeit the registered trademarks of others."

Cigarettes, cigars and packaged cut tobacco must use registered trademarks; when applying for a registered trademark, one must Hold the approval production documents from the tobacco monopoly administrative department of the State Council and apply for registration in accordance with the law.

2. How enterprises use registered trademarks correctly

The value of a trademark lies in the use of the trademark. The correct use of a registered trademark by an enterprise is not only the need for the legal protection of the trademark, but also the guarantee for the effective implementation of the trademark strategy. Improper use may cause undue economic losses to itself. The correct use of registered trademark strategies by enterprises mainly includes the following contents:

Enterprises should place registered trademarks in a prominent position

Let’s take a look at the following case: the egg noodles produced by a flour mill are selling wellIn the three northeastern provinces, a big hen and a big egg are prominently printed on the packaging, but the registered trademark "Pengxian" is "hiding" in a very inconspicuous place. Many consumers only recognize the packaging and decoration of the egg noodles when purchasing the noodles. Later, the manufacturer discovered that the egg noodles on the market all used the same packaging and decoration as the factory. Since the manufacturer's packaging and decoration are not protected by trademark law, the factory's egg noodle market has been dominated by competition from its peers.

3. Criminal penalties for trademark infringement

Legal basis: Articles 113 to 215 of the "Criminal Law" all stipulate the penalties for infringement of trademark rights, as follows:

(1) Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to more than three years A prison term of not more than seven years and a fine.

(2) Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

(3) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks, if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years, Criminal detention or public surveillance, and shall be concurrently or solely fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

In summary, there are two reasons for choosing goods or services for trademark registration. First of all, the use of a trademark needs to be combined with specific goods or services to realize the basic function and value of the trademark. Therefore, trademarks and goods are inseparable. Secondly, the industries involved in our production and life vary greatly. Generally speaking, trademarks can play a role in distinguishing the source of goods in different industries without causing confusion. 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.