Typical Cases Of Industrial And Commercial Departments Against Infringement Of Exclusive Right To Use Registered Trademarks

< p > < strong > 1. The Changsha city commerce and industry bureau investigated and dealt with the sale of registered trademarks of "Shu Fu Jia" and "Rejoice" by Li sales. < /strong > < /p >

< p > from February 2012 onwards, the parties have purchased many 6 brands of shampoo, shower gel and other products suspected of counterfeiting "Shu Fu Jia", "Rejoice", "OLAY", "VS", "PANTENE" and "Head and Shoulders" from abroad. The goods are worth 36845 yuan.

By April 2013, the parties had received 28657.2 yuan in sales of the above commodities.

Proctor & Gamble (China) Limited, a business owner, identified that the products purchased by the parties were counterfeit products that infringed the exclusive rights of their registered trademarks.

After investigating the illegal actions of the parties, the Changsha Bureau of industry and Commerce has ordered the parties concerned to stop the infringement immediately according to the relevant provisions of the laws and regulations of the People's Republic of China trademark law, and decide on the parties' confiscation of infringing and counterfeit goods, and impose a fine of "a href=" http:// www.91se91.com/news/index_c.asp > penalty "/a".

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< p > < strong > two, Zhuzhou city commerce and industry bureau investigated and dealt with a case of "Montagut" registered trademark sales in a large shopping mall in Zhuzhou < /strong > /p >

< p > a large shopping malls (parties) signed a contract with a client of a certain limited company in Wuhan in March 2012. The contract was provided by Zengmou to Zeng.

From October 2011 to May 2012, Zeng bought 4 pieces of clothing, including counterfeit Montagut series jacket, sweater, T-shirt and so on, from the field for 720 times, and sold them in the business premises provided by the parties.

In May 9, 2012, Zhuzhou industrial and Commercial Bureau law enforcement officers seized a series of clothing suspected of infringing on the exclusive right to use the registered trademark of Montagut, which was priced at 945718 yuan and was identified as infringing counterfeit goods by Montagut Esprit Far East Limited.

Due to the relatively large amount of money involved, the Zhuzhou Municipal Bureau of industry and Commerce pferred the case to Zhuzhou public security bureau according to law.

Zhuzhou municipal public security bureau investigated and investigated Zeng Mou and believed that the parties concerned were not suspected of committing a crime and did not initiate investigation.

The Zhuzhou Municipal Industry and Commerce Bureau has verified that the parties were unaware of the purchase and sale of counterfeit Montagut series clothing by Zeng. According to the relevant provisions of the People's Republic of China trademark law and other laws and regulations, the parties concerned shall be held responsible for the trademark infringement administrative responsibility for the sale or sale of counterfeit Montagut series without authorization or permission of the registered trademark owner. The parties concerned shall be ordered to stop "a href=" http://www.91se91.com/news/index_c.asp > infringement "/a > behavior immediately, and the administrative penalty shall be imposed on the parties concerned for fines.

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< p > < strong > three, the Xiangtan city commerce and Industry Bureau Yue Tang branch investigates and sells Guo Mou sales to infringe "BOSCH", "Eurasia" and so on registered trademark commodity case < /strong > /p >

< p > litigant leased the Xiangtan mayor Zhuzhou Xiangtan market in March 2013 to engage in auto parts sales and business activities. From April 2013 to June 2013, the parties purchased two "BOSCH" cards, "Eurasian" brand and "ZEXEL" fuel injector 5020 times from abroad, and 90 "BOSCH" brand plungers, and the total purchase amount amounted to 26650 yuan.

They are sold to more than 10 auto repair shops in Changsha, Xiangtan and other places.

After the above three trademark obligee enterprises appraise the goods sold by the parties, they are all infringing the counterfeit goods.

In August 2013, the law enforcement officers of the Xiangtan industry and Commerce Bureau inspected the business premises of the parties according to the reports, and seized the infringing counterfeit goods that had not yet been sold according to law.

After further identifying the illegal business activities of the parties, the Xiangtan Municipal Industry and commerce bureau decides on the parties concerned to make confiscation of infringing commodities and impose administrative penalties for fines according to the relevant provisions of the laws and regulations of the People's Republic of China trademark law.

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< p > < strong > four, Dingcheng District branch of Changde city commerce and industry bureau investigated and dealt with the registered trademark trade case of "good night" and "star harbor" by Liu's processing and marketing, < /strong > /p >

< p > the parties from January 2012 to May purchased 51 bags of trademarks, such as "late Jinan", "Star Hong Kong and Macao" from abroad, with a value of 19125 yuan.

The parties used the trademarks to produce 1116 mattress beds and sell them to all parts of Changde.

In September 2013, the Dingcheng industrial and commercial bureau of Changde City, in the special inspection of trademark law enforcement, seized 116 beds of "Late Jin an", "Star Hong Kong and Macao" mattress, and 22 trademark labels.

Industrial and commercial law enforcement officers found that the parties used the "good night" and "star harbor" words prominently on the mattress produced and processed, which constituted the exclusive right to infringe upon the registered trademarks of Hunan good night home furnishing industry Co., Ltd. and Hunan star port Home Development Co., Ltd.

According to the relevant laws and regulations of the People's Republic of China trademark law, the Bureau of industry and Commerce of Dingcheng District of Changde ordered the parties concerned to stop the infringement immediately, to confiscate and destroy the infringement of the a href= "http://www.91se91.com/news/index_c.asp" > trademark < /a >, and impose administrative penalties for fines.

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< p > < strong > five, the Shaoyang city commerce and industry bureau investigated and dealt with the sale of a registered trademark of "Xiang cellar" by Liu sales. < /strong > < /p >

< p > the two purchase of 186 bottles of liquor suspected of counterfeiting Xiang cellar in May 2013, the total sales volume of liquor sold locally in Shaoyang amounted to 82500 yuan.

The Shaoyang industrial and commercial bureau has seized 115 bottles of "Xiangjiao" liquor that have not yet been sold in the law enforcement inspection, and was identified as infringing counterfeit products by Hunan Xiangjiao liquor industry Co., Ltd.

After investigating the illegal business activities of the parties, the Shaoyang Bureau of industry and commerce, in accordance with the relevant provisions of the laws and regulations of the People's Republic of China trademark law, ordered the parties concerned to stop the infringement immediately, and make decisions on the infringement and counterfeit liquor that the parties concerned have confiscated and seized, and impose administrative penalties on the fine.

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< p > < strong > six, Pingjiang County Commerce and industry bureau investigated and prosecuted Li's sales violation of "HONDA" registered trademark goods case < /strong > /p >

< p > the parties purchased 5 sets of motorcycles marked "HAODA" from abroad at the price of 4280 yuan per unit in January 2013, and then sold them at the price of 4980 yuan per unit in their motorcycle sales outlets.

After Honda Technology Research (China) Investment Co., Ltd. identified, the motorcycle marked "HAODA" has infringed the exclusive right of the Honda Corporation to legally register the "HONDA" trademark in China.

When the investigation was carried out by the Pingjiang Bureau of industry and commerce, the parties had sold 5 motorcycles marked with "HAODA", and the amount of illegal operation was 24900 yuan.

After identifying the parties' a href= "http://www.91se91.com/news/index_c.asp" > illegal > /a > operation behavior, the Pingjiang industry and Commerce Bureau ordered the parties concerned to stop the infringement immediately according to the relevant provisions of the laws and regulations of the People's Republic of China trademark law, and decided the administrative penalty for fines imposed by the parties concerned.

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< p > < strong > seven, the Changsha city commerce and industry bureau investigated and dealt with the case of a company's gas station infringing on the exclusive right of Sinopec's registered trademark < /strong > /p >

< p > June 2009, China Petroleum Chemical Co Hunan Changsha Petroleum Branch and the parties signed the "Sinopec gas station franchise contract" and "trademark licensing contract", agreed that the parties in the contract period to use Sinopec "Chaoyang", "full sky star", "SINOPEC" and other service registered trademarks.

After the expiration of the contract, the parties have not renewed the contract.

After the letter from the Sinopec Changsha branch to the parties concerned about the suspension of trademark infringement, the parties will continue to use the registered trademarks in the petrol station.

After investigating the illegal facts of trademark infringement, the Changsha Municipal Industry and Commerce Bureau ordered the parties concerned to stop the infringement immediately, and decided to impose a fine on the parties concerned according to the relevant provisions of the laws and regulations of the People's Republic of China trademark law.

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< p > < strong > eight, the Zhangjiajie industrial and commercial bureau investigated and dealt with xiaomou's sales infringement on the registered trademark of the company. < /strong > /p >

< p > since July 2012, the parties have used the logo and trademark logo registered in the store door linen, glass windows, outdoor signs and glasses boxes.

The business owner Fuzhou Bao Dao glasses Co., Ltd. issued a statement that the party used the registered trademark of the company without permission.

After finding out the illegal business activities of the parties, the Zhangjiajie Bureau of industry and Commerce has ordered the parties concerned to stop the infringement immediately according to the relevant provisions of the laws and regulations of the People's Republic of China trademark law and decide on the administrative penalty for fines imposed by the parties concerned.

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< p > < strong > nine, Xinhua County Bureau of industry and Commerce investigated and dealt with the sale and sale of a building material sales department infringing the registered trademark of Hunan Hualing Co., Ltd. < /strong > /p >

< p > since November 2012, the parties have purchased 7.5 tons of 8mm steel from abroad at the price of 3000 yuan / ton, and bought a set of moulds specially designed for processing the thread bar of the pattern registered trademark of Valin company at the price of 2000 yuan.

Until the time of the incident, the party has processed 2516 steel bars marked with the logo of the registered trademark of Valin company, and has been partially sold.

In April 2013, the Xinhua industry and Commerce Bureau launched a case investigation immediately after receiving a letter from the trademark owner Hunan Hualing steel sheet Co., Ltd.

After finding out the illegal facts of trademark infringement, the Xinhua industrial and Commercial Bureau ordered the parties concerned to stop the infringement immediately according to the relevant provisions of the laws and regulations of the People's Republic of China trademark law, and to punish the parties for the confiscation of the trademark infringement thread steel and processing dies, and impose a fine of < a href= "http://www.91se91.com/news/index_c.asp" > Administrative < /a > punishment.

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< p > < strong > ten, Yiyang city commerce and industry bureau investigated and dealt with Zhang Mou's sales violation of "strong liquor" registered trademark goods case < /strong > /p >

< p > in October 2010 and November, the parties purchased 2500 counterfeit "strong spirits" from the field for two times, totaling 248175 yuan.

Sold to many hotels, supermarkets, smoking hotels and other business establishments in Yiyang, a total of 589 pieces were sold.

In May 2011, the business owner Hubei strong card Co., Ltd. complained and reported that the joint Police Department of Yiyang city commerce and Industry Bureau inspected the parties' business premises according to law, and seized 1911 counterfeit infringement "strong spirits" of the parties' inventory.

After finding out the illegal facts of the sale of trademark infringing goods by the parties concerned, the Yiyang Municipal Industry and Commerce Bureau shall, in accordance with the relevant provisions of the People's Republic of China trademark law and other relevant laws and regulations, order the parties concerned to immediately stop the infringing act, and make a "counterfeit" tort "strong liquor" for the confiscation and destruction of the parties concerned, and impose a penalty for the administrative penalty.

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