About The Penalty Document Of The "Burberry Lattice Graph" Trademark Infringement Of Elegant Rhyme Textiles

In July 25th, the Ningbo customs official website issued the decision of Beilun Customs on the administrative penalty of cotton woven woven fabric that infringed the "Burberry lattice figure" trademark of Shaoxing Yating Textile Co., Ltd. (Yongbei Guan Zhi [2019] 0210).

Name of the company: Shaoxing Ya Yun Textile Co., Ltd.

Unified social credit Code: 91330621674756664L

Legal representative: Zhu Liping

Address: 1009 room 6, Shaoxing light textile trade center, 2998 Keqiao Keqiao Avenue, Keqiao District, Shaoxing.

In March 30, 2019, Shaoxing Ya Yun Textile Co., Ltd. declared to the Customs a number of goods exported to the customs, such as all cotton knitted dyed fabrics, polyester woven dyed fabrics, nylon knitted dyed fabrics and so on (customs declaration number: 310120190519120961). After inspection, the goods have "Burberry lattice graphic trademark" brand cotton woven woven fabric (875) 1 boxes 409.6 meters, 5243 yuan worth, "Burberry lattice graphic trademark" trademark cotton woven woven fabric (885) 1 boxes 630.9 meters, worth 8076 yuan. Boboli limited believes that the goods mentioned above belong to the commodities that infringe the exclusive rights of trademarks of the "Burberry grid graphic trademark" (Customs record number: T2018-63444) and apply to the Customs for intellectual property protection measures.

I have passed the investigation and concluded that the trademark "Burberry lattice graphic trademark" used by the parties in the export of cotton woven woven fabric (875) and cotton woven woven fabric (885) is the same as the trademark registered by the trademark owner and has not been licensed by the trademark owner in advance. According to the provisions of item 1 (fifty-seventh) of the Trademark Law of the People's Republic of China, the goods mentioned above belong to the commodities infringing the exclusive rights of others' trademarks, and the acts of the parties have constituted an export infringement on the exclusive rights of others.

The above facts include a set of export declaration documents, a record of inspection, and a statement by the litigants.

In accordance with the provisions of the first paragraph of article twenty-fifth of the People's Republic of China customs administrative penalty implementation Ordinance, it is decided to confiscate all cotton woven woven yarn dyed fabrics (875), 1 boxes of 409.6 trademarks, and "Burberry lattice graphic trademarks" of the trademark infringed goods ("Burberry lattice graphic trademark"), and the total amount of cotton woven woven fabric (885) 1 boxes 630.9 meters, and impose a fine of RMB 1340 yuan.

In accordance with the provisions of the forty-fourth, forty-sixth and forty-eighth articles of the administrative penalty law of the People's Republic of China, the parties concerned shall perform the above penalty decision within fifteen days from the date of service of the penalty decision.

If a party refuses to accept the decision of this punishment, he may apply to the People's Republic of China customs for reconsideration within sixty days from the date of service of the penalty decision in accordance with the ninth and twelfth articles of the administrative reconsideration law of the People's Republic of China and the forty-sixth provision of the administrative procedure law of the People's Republic of China, or directly bring the case to the intermediate people's Court of Ningbo municipality within six months from the date of service of the penalty decision.

According to the fifty-first provision of the administrative penalty law of the People's Republic of China, a fine of three percent of the fine may be imposed daily if the penalty is not paid.

According to the ninety-third provision of the Customs Law of the People's Republic of China and the sixtieth provision of the administrative regulations for the implementation of Customs in People's Republic of China, if the parties fail to carry out the decision of penalty within the time limit and do not apply for reconsideration or bring a lawsuit to the people's court, the customs may pay the goods, articles or conveyances that have been detained in accordance with the law, or pay the security provided by the parties, or apply for enforcement by the people's court.

Two July 24th 19