1. The party flag, party emblem and its 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.
II. Relevant laws and regulations:
1. According to Article 10 of the Trademark Law: The following signs shall not be used as trademarks: (1) Same as those registered under 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. ;
According to Article 52 of the Trademark Law: If an unregistered trademark is used as a registered trademark, or if the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administration department shall It shall be stopped, corrected 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 not more than 20% of the illegal business volume may be imposed. A fine of not more than 10,000 yuan.
2. According to Article 9 of the "Advertising Law": Advertisements shall not have the following circumstances: (1) Use or disguised use of the national flag, national anthem, national emblem, military flag, and military song of the People's Republic of China , military emblem;
According to Article 57 of the Advertising Law, if anyone commits any of the following acts, the administrative department for industry and commerce will order him to stop publishing advertisements and impose a fine of not less than RMB 200,000 and RMB 1,000 on the advertiser. A fine of less than 10,000 yuan, and if the circumstances are serious, the business license may be revoked, the advertising review authority shall revoke the advertising review approval document, and the advertising review application will not be accepted within one year;
For advertising operators and advertising publishers , the administrative department for industry and commerce will confiscate advertising fees and impose a fine of not less than 200,000 yuan but not more than 1 million yuan. If the circumstances are serious, the business license and advertising registration certificate may be revoked:
Expand knowledge:
The General Office of the Central Committee of the Communist Party of China issued the "Several Regulations on the Production and Use of the Flag and Emblem of the Communist Party of China" on September 21, 1996, which stipulated the scope of application of the party flag and emblem.
According to Article 6 of the "Several Provisions on the Production and Use of the Flag and Emblem of the Communist Party of China": The scope of use of the party flag:
(1) Convene the Party's grassroots congress , hold an oath-taking ceremony for new party members to join the party;
(2) Hold major celebrations, commemorative activities, and party day activities within the party;
(3) Party committees and their working departments, party The party flag may be flown in the conference rooms of representative organs dispatched by the central and local committees and their work departments, as well as the party's disciplinary inspection organs.
According to Article 7 of the "Several Provisions on the Production and Use of the Flag and Emblem of the Communist Party of China": the scope of use of the party emblem:
(1) Party committees and their work The seals (imprints) of departments, representative organs dispatched by the Party Central Committee and local committees and their work departments, the Party’s discipline inspection organs and party groups should have the Party emblem pattern engraved in the middle;
(2) Convening the Party’s meeting The National Congress, Representative Conferences and local congresses and representative meetings at all levels should hang the party emblem and place five red flags on both sides of the party emblem;
(3) Certificates of awards issued by party organizations at all levels, The party emblem can be printed on certificates and other honorary documents and certificates;
(4) The party emblem can be printed on internal party publications. Except for the above circumstances, the use of the party emblem and its patterns must be approved by the Organization Department of the party committee at or above the county level.