The trademark has been notified of acceptance, but there is no registration certificate. How are the contents of trademark holders and licensees reflected in the words on the back of the package? How to write? In fact, Article 48 of the original Trademark Law clearly stipulates: "Anyone who uses an unregistered trademark and commits any of the following acts shall be stopped by the local administrative department for industry and commerce, and corrected within a time limit, and may be notified or fined: (1) counterfeiting a registered trademark; (2) Violating the provisions of Article 10 of this Law. (3) Cheating consumers by shoddy goods and shoddy goods. " The new Commercial Law has been revised on the basis of this provision: the original item 3 has been deleted, and the "can be notified or fined" in the original provision has been adjusted to be notified and fined. At the same time, the standard of fine punishment is refined. Specifically, there are basically two kinds of illegal acts used without obtaining a trademark registration certificate: one is to use an unregistered trademark as a registered trademark. In other words, the use of a trademark without a trademark registration certificate is nominally a registered trademark, or the goods are marked with "registered trademark", or the trademark registration certificate is used without authorization. Second, it violates the provisions of Article 10 of the new Trademark Law, that is, unregistered trademarks use trademarks prohibited by law. According to the relevant provisions of the new trademark law, not only unregistered trademarks, but also registered trademarks may not be used. Registered trademarks that use prohibited signs will be declared invalid according to law. Then, what are the legal consequences of illegal use without obtaining a trademark registration certificate? According to the relevant regulations, the local administrative department for industry and commerce can deal with this according to the following steps: First, stop it, that is, order the parties to stop the illegal act immediately; The second is to correct within a time limit, that is, to order the parties to correct the illegal acts, such as destroying the trademarks that have been made; The third is to inform, that is, to publicize the illegal situation of unregistered trademarks passing off as registered trademarks or using prohibited marks in the form of notices and announcements, such as publishing relevant illegal information in newspapers, television, radio, internet and other media; The fourth is to impose a fine: according to the provisions of Article 52, the industrial and commercial departments will determine the fine amount for the above illegal use according to the following two situations: (1) If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of 1 10,000 yuan can be imposed; (two) if the illegal business amount is more than 50 thousand yuan, a fine of less than 20% of the illegal business amount may be imposed. Then friends will definitely ask, can't unregistered trademarks be used? No, unregistered trademarks are also part of trademarks. However, due to various reasons, it has not been registered, so it has not obtained the exclusive right to use a trademark. The state allows the use, mainly considering the level of economic development in China. For some commodities with unstable production and products that have not yet been finalized, as well as some small commodities produced and sold locally in a specific geographical area, the principle of voluntary registration is adopted, and trademark registration is not compulsory. However, this does not mean that the state will not check the use of unregistered trademarks. According to Article 52 of the new Trademark Law, unregistered trademarks are illegal in use and will be punished accordingly. Here, Hong Na's trademark application still suggests that you register your products through formal channels, just like registering your own children. Otherwise, you will be unable to move, for example, many large online shopping malls can't get in, or you can't prove that your products have been infringed, and there is no place for you to cry if you register. A typical case is that the famous pasta brand "Jiang Yiwan" recently spent 10 because it was reluctant to pay the registration fee of 2000 yuan. Therefore, if you want your "child" to have an identity, you must first give him an account and tell others that this "child" belongs only to you! Trademark registration process: trademark inquiry (within 2 days) → preparation of application documents (within 3 days) → submission of application (within 2 days) → payment of trademark registration fee → trademark form review (1 month) → issuance of trademark acceptance notice → trademark substantive review (12 months) → trademark announcement (3 months) → issuance of trademark certificate. (20 14.05.0 1 the implementation of the new trademark law, the substantive examination period of the trademark is 9 months. ) 1, trademark inquiry. Trademark inquiry refers to the inquiry whether the trademark applied by the applicant for trademark registration or his agent is the same as or similar to the trademark with prior rights before applying for registration. The following situations are explained here: 1) words that lack distinctiveness or are prohibited by the trademark law cannot be queried to determine whether their registration application can be approved; 2) If the trademark identical or similar to the previous application has not entered the database of the Trademark Office at the time of inquiry, the inquiry result will not be reflected because of the two approximations; 3) If the inquiry report provides several possible similar trademarks, the agent only makes an analysis through general examination standards and experience, and his opinions are for reference only and cannot represent the examination opinions of the Trademark Office; 4) For a combined trademark, if only a part of the trademark (such as Chinese or English) is inquired, but other parts of the trademark actually applied for (such as graphics) are the same as or similar to the registered trademark of others, the whole trademark will be rejected; 5) The client only provided the name of the trademark when inquiring, but the differences in font, color, structure or arrangement of the trademark design drafts provided in the actual application will also lead to the query results not completely reflecting the same or similar degree. 2. Trademark review. Trademark review is divided into formal review and substantive review. (1) It takes 3-4 months to review the trademark form, and it is very important to establish the application date, because the principle of prior application is adopted in trademark registration in China, and once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application documents. The Trademark Office receives the trademark application and issues a notice of acceptance for the application that meets the formal requirements. Trademark registration certificate ② Examination of the substance of a trademark (65,438+02 months) is a series of activities such as whether the trademark registration authority decides to give preliminary approval or reject the application for trademark registration in accordance with the provisions of the Trademark Law. During this period, please do not mark the registration marks (such as "registered trademark" and "?") ) before the trademark is approved for registration. Wait a minute. ), you can mark "TM". In addition, before the registration is approved, it is not advisable to make too many products and packages with the trademark or trademark logo at one time, in case the registration is blocked and unnecessary losses are caused.