Penalties For Illegal Use Of Trademarks

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The Xiaobian of the network introduces the penalty for illegal use of trademarks.

A company store uses the "Red Cross" logo as an unregistered trademark on the external packaging.

The Shanghai branch of the Zhabei Bureau of industry and Commerce inspected the case and conducted a further investigation.

Industrial and commercial law enforcement officials said that according to the provisions of the new trademark law, the "Red Cross" logo or similar shall not be used as trademarks.

The store staff said that they did not understand the legal provisions and legal consequences of illegal use of trademarks.

In fact, the original

"There is a clear stipulation on the illegal use of trademarks.

The forty-eighth law of the original Trademark Law stipulates: "if an unregistered trademark is used, one of the following acts shall be stopped by the local administrative department for Industry and commerce, corrected within a time limit, and may be notified or fined: (1) posing as a registered trademark; (two) in violation of the provisions of the tenth provision of this law; (three) making crude goods, shoddy and deceiving consumers."

The new commercial law has been amended on the basis of this stipulation: the provisions of the original third items have been deleted, and the "notice or penalty" can be adjusted to be notified and fined.

At the same time, the standards for fines have been refined.

Experts point out that an unregistered trademark is part of a trademark, but because it has not been registered, it has not obtained the exclusive right to use the trademark.

The state allows the use of unregistered trademarks, mainly taking into account the level of economic development in China, for some production is not stable, products have not yet been set up products, as well as some specific areas within the local production of local sales of small commodities, etc., to adopt the principle of voluntary registration, not strong requirements for trademark registration.

However, this does not mean that the state has no regard for the use of unregistered trademarks.

According to the fifty-second provision of the new trademark law, if an unregistered trademark is in use, it will be punished accordingly if there is any violation of the law.

Specifically, there are two kinds of illegal acts in the use of unregistered trademarks: first, the use of unregistered trademarks as a registered trademark.

The so-called "disguising a registered trademark" refers to the use of an unregistered trademark to be a registered trademark, or to mark "registered trademark" or registration mark on the goods without authorization.

Two, the use of unregistered trademarks is contrary to the tenth provision of the new trademark law, that is, unregistered trademarks are prohibited by trademark law.

Experts from Chung Gu legal network said that if an unregistered trademark is used as a "registered trademark" or a registered trademark, it will damage the order of trademark management and deceive consumers, which is not permitted by law.

In accordance with the relevant provisions of the new trademark law, the statutory prohibition signs shall not be used without registered trademarks, nor shall registered trademarks be used.

If a registered trademark is used, if a prohibited sign is used, it will be declared invalid according to law.

What are the legal consequences of illegal use of unregistered trademarks? According to the law, the local administrative departments for Industry and commerce can deal with them according to the following steps: first, to stop the illegal activities; to order the parties concerned to stop the illegal activities immediately; two, to make corrections within a specified time, that is, to order the parties to correct the illegal activities, such as destroying the trademark labels already made, etc.; three, to make a notification, that is, to adopt the form of issuing notices, announcements, etc., to make the illegal registration of unregistered trademarks posing as registered trademarks or using prohibited signs, such as publishing relevant illegal information in newspapers, television, radio, Internet and other media; and four, fining them.

According to the provisions of the fifty-second article, for the above illegal use, the industrial and commercial departments shall separately determine the fine according to the following two situations: (1) no illegal business volume or illegal business volume is less than 50 thousand yuan, and it can be fined below 10 thousand yuan; (2) the illegal business volume of 50 thousand yuan or more can be fined under 20% of the illegal business volume.

Since the new trademark law strictly prohibits enterprises from using "well-known trademarks" to publicize, the new trademark law has increased fifty-third provisions and imposed penalties on illegal use of "well-known trademarks".

According to this provision, the words "well-known trademarks" are used for commodities.

In the packaging or containers, or in advertising, exhibitions and other commercial activities, it is a violation of the trademark law. The local industry and Commerce Department will order this to be corrected and impose a fine of 100 thousand yuan.