Therefore, law enforcement officers should avoid three misunderstandings when investigating cases. First of all, avoid the erroneous idea that punishment cannot be imposed based on the principle of "no punishment unless the law is clear" because the current laws and regulations do not clearly regulate the behavior of "famous brands". According to a company's anti-counterfeiting officer, in the early days of the emergence of famous brands, they complained to the industrial and commercial department many times, but the industrial and commercial department failed to investigate and deal with them in time because the punishment was unfounded, so they had to go through judicial procedures to safeguard their legitimate rights and interests. It is difficult to investigate and deal with the behavior of "famous brands". The imperfection of the law is certainly an important reason, but it does not mean that this type of illegal behavior cannot be adjusted within the existing legal framework. The current laws are not enough to effectively combat the behavior of "famous brands". It's just that the current legal norms are not very targeted. Therefore, how to use the existing legal norms to combat the behavior of "famous brands" is a concrete manifestation of our ability to interpret the law. Some experts pointed out that there are only cognitive "blind spots" in cracking down on "famous brands", but there is no legal "vacuum", which is not without reason. Secondly, we must avoid misunderstandings about whether the trade names and registered trademarks used by "famous brand" enterprises are handled by the Industrial and Commercial Bureau itself. If the relevant registration is revoked, will it cause litigation or deny itself? Although a "famous brand" enterprise has legal industrial and commercial registration, once it is discovered that the legally registered enterprise name or registered trademark conflicts with the prior rights of the relevant enterprise, the industrial and commercial authorities can cancel it according to relevant regulations. Because the result of "famous brand" behavior is that consumers will be confused about related products, which reflects the intention of "famous brand" enterprises to compete unfairly. In essence, what they are committing is trademark infringement or unfair competition. "Famous brand behavior" The "right" claimed by the enterprise to be legally registered has lost its substantive legal requirements. Therefore, the industrial and commercial authorities can cancel the relevant registration. Third, it is necessary to avoid the misconception that grassroots "famous brand" behavior only exists in some small shops and factories, and the products involved are mainly small commodities such as food and beverages. Investigation and handling are time-consuming and laborious, and there is no significant effect. As the behavior of "copying famous brands" becomes more and more intense, illegal companies' "copycat" products are far more than just food and beverages. For example: "Hong Kong Hitachi International Group Company" authorizes the production of color TV sets in a place in Guangdong to prominently use the word "Hitachi" on the outer packaging of its products; next to "Nippon" paint, next to "Red Bull" beverage, next to "Red Bean" "Trademarks and so on. It fully shows that the areas involved in the behavior of "famous brands" are expanding year by year, and the types of goods involved are also increasing. (2) Key areas and scope of investigation Key areas: First of all, we must pay attention to the wholesale and retail markets of various commodities. Some unscrupulous merchants are driven by profits to sell "name-brand" commodities. Because the purchasing and selling prices of "famous brand" products are far lower than the prices of genuine products, wholesalers and retailers can tell that the goods sold are "famous brand" products simply from the comparison of the purchasing price and the price of genuine products; Secondly, we must pay attention to urban and rural areas joint. The personnel structure in the urban-rural fringe area is more complicated, and the demand for famous brand products is relatively greater than in remote mountain villages. Some people buy "high quality and low price" products close to famous brands to satisfy their own vanity. Objectively, they are "close to famous brand" enterprises. It provides a demand market; Third, we should pay attention to large shopping malls and supermarkets. Shopping malls and supermarkets operate a variety of products, which inevitably leads to the existence of "name-brand" products. Focus scope: Products that are well-known and widely recognized by the general public, regardless of whether the dealer sells genuine products or "famous brand" products, everyone should pay attention to them. Reasons: First, "famous brand" companies only stick to famous brands because there is a broad market demand for well-known products of well-known companies; second, with the advancement of science and technology, the product packaging of famous brand companies is becoming more and more sophisticated, which makes consumers The possibility of confusion is increasing; thirdly, law enforcement officers may mistake "name-brand" products for genuine products due to their different qualities and understanding of related companies' products.(3) Issues that should be paid attention to when identifying the behavior of "famous brand". First, when investigating and punishing the behavior of "famous brand", it is not based on whether mis-purchasing occurs, nor is it similar or identical to the unique name packaging and decoration of well-known products. It can be determined if people misunderstand or get confused; secondly, when investigating and dealing with the behavior of plagiarizing famous brands, do not be fooled by the so-called authorizer and producer having legal business licenses and licensing contracts, etc. and conclude that it does not constitute infringement, as long as the infringement Others’ use of prior rights can be determined if it objectively causes consumer confusion; third, we must actively contact relevant companies and ask the infringing and infringed companies to provide relevant evidence, and judge whether it is legal and reasonable based on the evidence. There is the behavior of following famous brands. (4) Legal basis for investigating and punishing the behavior of "famous brand" 1. Prominent use of the trade name in the company name constitutes counterfeiting of other people's registered trademarks and infringes on the exclusive rights of other people's registered trademarks. According to the characterization of Article 5, Paragraph 1 of the Anti-Unfair Competition Law or Article 52 of the Trademark Law, penalties shall be imposed in accordance with Article 53 of the Trademark Law. 2. Simplified use of company names constitutes misleading false representations or false propaganda about the origin and producer of goods. Qualification in accordance with Article 5, Item 4 or Article 9 of the Anti-Unfair Competition Law. If it is determined to be a false representation in accordance with Article 5, Item 4 of the Anti-Unfair Competition Law, it will be punished in accordance with Article 21, and the punishment in Article 53 of the Product Quality Law will be applied instead; if it is determined in accordance with the Anti-Unfair Competition Law, Article 9 of the Unfair Competition Law determines it as false propaganda and shall be punished in accordance with Article 24 of the Anti-Unfair Competition Law. 3. Using the font size of another person’s well-known company name in the company name may lead people to mistakenly think that the product is someone else’s product. According to the characterization of Article 5, Item 3 of the Anti-Unfair Competition Law, the penalty in Article 53 of the Product Quality Law will be applied in accordance with Article 21.