1. Party flags, party emblems and their patterns cannot be used as trademarks or commercial advertisements. Violators will be dealt with by the industrial and commercial administration authorities in accordance with the relevant provisions of the Trademark Law and Advertising Law.

2. Relevant laws and regulations:

(1) Article 10 of the Trademark Law stipulates that the following signs shall not be used as trademarks: (1) In compliance with the laws and regulations of the People’s Republic of China and the People’s Republic of China The country's name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. are the same or similar, and are the same as the name, logo of the central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building. ;

Article 52 stipulates that if an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it and make corrections within a time limit. , and may be notified. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed. fine.

(2) Article 9 of the "Advertising Law" stipulates that advertisements shall not have the following circumstances: (1) Use or disguised use of the national flag, national anthem, national emblem, military flag, military song, Military emblem;

Article 57 stipulates that anyone who commits any of the following acts shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertiser shall be fined not less than RMB 200,000 but not more than RMB 1,000,000. If the circumstances are serious, the business license may be revoked, and the advertising review approval document shall be revoked by the advertising review authority, and the advertising review application shall not be accepted within one year; for advertising operators and advertising publishers, the industrial and commercial administrative department shall confiscate advertising fees and impose a fine of 20 A fine of not less than RMB 10,000 but not more than RMB 1,000,000 may be imposed, and if the circumstances are serious, the business license and advertising registration certificate may be revoked:

(1) Publish articles stipulated in Articles 9 and 10 of this Law Advertisements under prohibited circumstances;

3. Relevant knowledge: In order to ensure the quality of the party flag and emblem and maintain the seriousness of the production, sale and use of the party flag and emblem, the Organization Department of the Central Committee and the State Administration for Industry and Commerce jointly issued The "Notice on Strengthening the Designated Production, Internal Sales and Use Management of the Flag and Emblem of the Communist Party of China" proposes four measures:

(1) According to the "Production of the Flag and Emblem of the Communist Party of China" In accordance with the spirit of "Several Regulations on the Use of the Party Flag and Emblem of the Communist Party of China" and the "Notice on Issues Concerning the Designated Production of the Flag and Emblem of the Communist Party of China", the Party Flag and Emblem shall be produced by some enterprises designated by the Organization Department of the Central Committee of the Communist Party of China among the designated production enterprises of the national flag and emblem. Non-designated production enterprises are not allowed to produce party flags, party emblems and related products. Violators will be dealt with by the industrial and commercial administration authorities according to law as exceeding the scope of business.

(2) The production tasks of party flags and emblems are assigned by the Central Organization Department of the Central Committee of the Communist Party of China. Designated production enterprises are responsible for supplying, and internal supply and sales are organized by the party committee organizational departments at the county level and above. The sale of party flags and emblems on the market is prohibited. Violators will be punished by the industrial and commercial administration authorities in accordance with Article 3, paragraph 1, item 1, of the "Interim Regulations on Administrative Punishments for Speculation", "reselling materials and articles that are prohibited or restricted by the state from free trade." Party organizations and party members at all levels are not allowed to purchase party flags and emblems in the market. Violators will be punished by the superior party organization or the party organization where the party member belongs in accordance with the "Constitution of the Communist Party of China" and the Disciplinary Regulations of the Communist Party of China (Trial) 》Relevant provisions.

(3) Party flags, party emblems and their patterns may not be used as trademarks or commercial advertisements. Violators will be dealt with by the industrial and commercial administration authorities in accordance with the relevant provisions of the Trademark Law and Advertising Law.

(4) Strengthening the designated production, internal sales and use management of party flags and emblems is a very serious and politically significant task. The organizational departments of party committees and industrial and commercial administrative agencies at all levels should attach great importance to it, conscientiously perform their duties in accordance with the law, effectively strengthen cooperation and cooperation, and jointly do a good job in management.