(2) I can tell you for sure that this kind of behavior is an infringement of trademark rights. Those who are light should bear civil liability (compensation for the losses of trademark owners), and those who are heavy will also bear administrative liability (the Industrial and Commercial Bureau may give administrative punishment, which may be: ordering to immediately stop the infringing act, confiscating and destroying infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also impose a fine. ), even bear criminal responsibility (which constitutes the crime of counterfeiting registered trademarks, and will be sentenced)
(3) Like what you said, such as not "gathering together" and "ugly food"? Whether it constitutes infringement has been decided.
2. Specific standards of trademark infringement: I will give you several laws for reference:
(1) Article 52 of the Trademark Law: "Any of the following acts is an infringement of the exclusive right to use a registered trademark: (1) Using a trademark that is the same as or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant; (2) selling goods that infringe upon the exclusive right to use a registered trademark; (3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (5) causing other damage to the exclusive right to use a registered trademark of others ".
(2) Article 213 of the Criminal Law: "Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined "
3. Of course, all the above are cases of counterfeiting registered trademarks. If the counterfeit trademarks are not registered, the protection will be stricter. If they are not well-known trademarks, they may be said otherwise. However, unregistered and unknown trademarks are generally not counterfeited.
4. Actually, it is illegal, but in reality, there are quite a few such phenomena, because law enforcement is not so timely and strict. If no one reports it and is not investigated, you can make a fortune. If it is found out, it is hard to say.