If consumers buy spoiled food, they can ask the merchant who sells the spoiled food to refund the price of the food they purchased. At the same time, if the seller knows that the food has spoiled and still sells it, he can ask him to pay 10 times the price or 3 times the amount of damages.

1. How to deal with disputes over food trademark infringement?

This is trademark infringement, and legal protection can be used to crack down on infringers. Collect evidence of infringement and use legal means to protect your legitimate rights and interests.

The exclusive right to trademark is a kind of property right and is protected by law; the legitimate rights and interests of registered trademarks are also maintained by the trademark management order in accordance with the law. The handling of trademark infringements is stipulated in the Trademark Law, which has the following meanings:

First, if there is one of the infringements of trademark exclusive rights listed in the Trademark Law, and a dispute arises, the The parties shall negotiate and resolve the matter.

Second, for trademark infringement disputes, if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party can file a lawsuit in the People's Court or request the industrial and commercial administration department to handle it.

Third, if the lawsuit is brought to the people's court, it shall be carried out in accordance with legal procedures; if it is handled by the industrial and commercial administrative department, if the infringement is determined to be established during the handling, it shall be ordered to immediately stop the infringement and confiscate and destroy the infringement Goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and fines may be imposed.

Fourth, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law; if the infringer does not file a lawsuit or perform his duties upon expiration of the time limit, the industrial and commercial administrative department may apply to the People's Court Enforcement.

Fifth, the industrial and commercial administrative department that handles the case can mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties can file a lawsuit with the People's Court in accordance with the Civil Procedure Law.

2. What is the food trademark registration process?

1. Registration preparation. Choose the registration method: one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other is Entrust an experienced trademark agency to organize agency services. Before registration, it is best to find a more authoritative search company to conduct a search before registering your food trademark, so as to reduce the risk of similar trademarks in trademark registration and improve the certainty of food trademark registration.

2. Prepare materials, including pictures of food trademarks, apply for copies of people's ID cards and enterprise "Business License" and submit copies; and apply for trademark registration with the official seal of the unit.

3. Start application

4. Submit an application according to the classification of goods and services. When applying for food trademark registration, the food category for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of food, he should file registration applications according to different categories.

5. The application date is determined based on the date when the Trademark Office receives the application. Next are the three procedures of trademark review, preliminary review announcement, and registration announcement.

6. Receive the trademark registration certificate for food.

Legal Basis

"Food Safety Law of the People's Republic of China"

Article 148: Consumers who do not meet food safety standards If the food is damaged, you can ask the operator to compensate for the loss, or you can ask the producer to compensate for the loss. Producers and operators who receive consumer compensation demands shall implement the first responsibility system and pay compensation first without shirk; if it is the producer's responsibility, the operator shall have the right to recover compensation from the producer after making compensation; if it is the operator's responsibility, the producer shall compensate shall have the right to recover compensation from the operator. If food that does not meet food safety standards is produced or food that is knowingly sold does not meet food safety standards, in addition to demanding compensation for losses, consumers may also demand from the producer or operator to pay ten times the price or three times the loss; increase If the amount of compensation is less than one thousand yuan, it shall be one thousand yuan. However, this is excepted if there are defects in food labels and instructions that do not affect food safety and will not mislead consumers.