Notice Of Acceptance Is Not A Trademark Registration Certificate.
Recently, Zhang, owner of a melon processing plant in Changxin, received a penalty decision from the county's market supervision and law enforcement officers. The decision was made by the Changxing County Market Supervision Bureau to punish 15000 yuan for the offense of the factory posing as a registered trademark.
"Only blame yourself for not understanding the law. In this matter, you will be lucky enough to learn more about legal knowledge in the future."
After receiving the punishment decision, Zhang boss regretted unceasingly.
Two months ago, when the law enforcement officers conducted routine inspections of the factory, the locale of the factory was found to have printed words and graphics combinations and registered trademarks on the outer packing box of the melon and melon produced by the factory. Accordingly, the law enforcement officer asked the owner of the factory to show the trademark registration certificate of the trademark, which the owner could find in the office for a long time. He found a notice of acceptance of the trademark registration application, claiming that it was a trademark registration certificate.
After that, the website of the State Administration for Industry and Commerce Trademark Bureau was queried by the law enforcement officers. It was found that the trademark of "* Xiang" was not registered successfully, and the Trademark Office of the State Administration for Industry and commerce only accepted the application of the factory.
According to Zhang boss's statement, the trademark was designed by a local trademark agency. In November 2013, after receiving the notice of acceptance, Zhang bosses happily let a local printing factory print 2000 boxes containing the words "Xun Xiang characters and graphic combinations and registered trademarks".
"At that time, I thought there was a notice of registration, and the first thing to do was to register the trademark. It should not be a problem."
Zhang boss said.
Unexpectedly, the mistake of the moment has made a big mistake.
In the survey, law enforcement officers found that the factory sold nearly more than 1000 boxes of suspended melon seeds in the past half a year, and the sales area covered Hefei, Xuancheng, Huzhou and other places. The illegal business volume was nearly 200 thousand yuan.
"In the case of a trademark registration certificate which has not been obtained, the factory has marked the act of" Xun Xiang characters and combination of graphics and registered trademarks "on the packages of cartons sold abroad, which is an illegal act posing as a registered trademark.
The law enforcement personnel said that, because the illegal act of a party posing as a registered trademark occurred before May 1, 2014 and the amount of illegal business was relatively large, it was applicable to the application of the old law in accordance with the notice of the SAIC on the implementation of the revised trademark law of the revised "trademark law" after the revision of the trademark law in April 15, 2014.
In addition, the law enforcement personnel are also investigating and handling the printing works in this case.
The reporter was informed that, according to the regulations on the administration of the printing of trademarks, the trademark printing units should verify the documents and trademark designs provided by the principal of the trademark printing, and entrust the printing of unregistered trademarks.
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