Current location - Trademark Inquiry Complete Network - Trademark inquiry - Case Analysis of Tobacco Trademark Infringement
Case Analysis of Tobacco Trademark Infringement
Smoking is bad behavior in everyone's eyes. Long-term smoking will do great harm to people's lungs and body. Many people suffer from cancer because of smoking too much and die prematurely. However, the vast tobacco market can also be seen that there are still many consumers in this industry. However, the tobacco market is also mixed, and many fake cigarettes are also on sale, so that consumers can't tell Li Kui jy from Gui Li. So is it illegal to sell fake cigarettes or to sell goods with counterfeit registered trademarks? This can't be simply defined, but should be discussed according to the specific situation.

? What is the illegal act of selling fake cigarettes? The first is the crime of illegal business operation. If a merchant does not have a business qualification certificate when selling fake cigarettes, it is illegal and will be punished according to the crime of illegal business. If a merchant has a business qualification certificate, he will not commit the crime of illegal business operation. As for the sale of goods with counterfeit registered trademarks, generally speaking, it refers to the use of other people's brands on the goods it sells, which infringes on the exclusive right to use trademarks of other companies.

But we should also discuss the specific situation: when the goods sold not only use other people's brands but also have poor cigarette quality, it not only violates the crime of selling counterfeit registered trademarks, but also violates the crime of selling fake and inferior commodities; If you only use someone else's trademark but the quality is not a big problem, then you commit the crime of counterfeiting a registered trademark.

Reduce smoking for the sake of health. It can also be seen from the above that there are still many irregularities in the tobacco industry. Taking too much nicotine for a long time is not only harmful to the body, but also the family members who smoke secondhand smoke will be disturbed by the smoke, and their physical fitness will also decline in the long run. Not to mention that some black-hearted businesses sell fake cigarettes, so you don't know what strange substances you are inhaling. Some people may choose to smoke e-cigarettes and feel safer, which is essentially no different from smoking.