Legal analysis:
Issues on general punishment standards for self-employed individuals: 1. Issues regarding the basis for punishment of individual industrial and commercial households: Punishment decisions for individual industrial and commercial households are generally administrative penalties, except in accordance with administrative litigation. In addition to laws and relevant interpretations, please refer to the relevant provisions of civil litigation. 2. The issue of penalty standards for individual industrial and commercial households: Different illegal acts will have different penalty standards. Based on the standard of operating without a license, if it does not constitute a criminal offense, it will be punished in accordance with the "Measures for the Investigation and Punishment of Unlicensed Operations". Those who operate without a license shall be punished in accordance with relevant regulations if there are relevant regulations; if there are no relevant regulations, the industrial and commercial administrative department shall order them to stop illegal activities, confiscate illegal income and impose a fine of not more than 10,000 yuan. If it constitutes a criminal offense, it will be convicted and punished for the crime of illegal business operations. Since the trade name is not a must-have item for individual industrial and commercial households, it is dispensable, and the trade name can be separated from the owner and is objectively transferable. If the trade name has been eliminated when the lawsuit is filed, does the original owner of the original trade name have the right to sue? The court should determine that he has the right to sue.
Legal basis:
Criminal Law of the People's Republic of China and the People's Republic of China Article 201: Taxpayers use deception and concealment methods to make false tax returns or fail to declare and evade payment If the amount of tax is relatively large and accounts for more than 10% of the tax payable, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; if the amount is huge and accounts for more than 30% of the tax payable, the person shall be sentenced to not less than three years and seven years of imprisonment. to fixed-term imprisonment of not more than 10 years and to a fine. If the withholding agent uses the means listed in the preceding paragraph to fail to pay or underpays taxes that have been withheld or collected, and the amount is relatively large, he shall be punished in accordance with the provisions of the preceding paragraph. For multiple acts committed in the preceding two paragraphs without treatment, the cumulative amount shall be calculated.
Derived questions:
What are the following 4 ways to deal with being sued for trademark infringement? 1. Whether the subject is qualified. The plaintiff in a trademark infringement lawsuit must be the owner or interested party of the registered trademark; 2. Whether the statute of limitations has expired. The statute of limitations for infringement of the exclusive right to use a registered trademark is 2 years; 3. Whether it has been used before. Before applying for trademark registration, others have already used the same, similar or influential trademark as the registered trademark on the same or similar goods before the trademark registrant.