Second, the relevant laws and regulations:
1. According to Article 10 of the Trademark Law, the following marks shall not be used as trademarks: (1) They are identical with or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, the names and symbols of central state organs and specific places or the names and graphics of landmark buildings in People's Republic of China (PRC).
According to Article 52 of the Trademark Law, if an unregistered trademark is used as a registered trademark, or if an unregistered trademark is used in violation of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 1 10,000 yuan may be imposed.
2. According to Article 9 of the Advertising Law, advertisements shall not have the following circumstances: (1) Use or use in disguised form National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song and military emblem;
According to Article 57 of the Advertising Law, in case of any of the following acts, the administrative department for industry and commerce shall order advertisers to stop publishing advertisements and impose a fine of more than 200,000 yuan and less than 1 million yuan on advertisers. If the circumstances are serious, the business license may be revoked, and the approval document for advertisement examination shall be revoked by the advertisement examination organ, and the application for advertisement examination shall not be accepted within one year.
For advertising agents and publishers, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of more than 200,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the business license and advertising registration certificate may be revoked:
Expand knowledge:
1September 2, 9961day, the General Office of the Central Committee of the CPC * * * issued "Several Provisions on the Production and Use of party emblem Made by China * * * in party flag", which stipulated the scope of application of party emblem in party flag.
According to Article 6 of the Provisions on the Production and Use of the emblem of the Communist Party of China (CPC) and party flag, the scope of use of party flag:
(1) Convene the Party's grass-roots congress and hold the swearing-in ceremony for the new party member to join the Party;
(2) Holding major celebrations, commemorative activities and Party Day activities within the Party;
(3) party flag can be hung in the meeting rooms of the Party committees and their working departments, the representative organs sent by the Party central and local committees and their working departments, and the Party's discipline inspection organs.
According to Article 7 of the Regulations on the Production and Use of party emblem in party flag, the scope of production and use of party emblem in the Communist Party of China (CPC) is as follows:
(1) The seals (impressions) of the Party's central and local committees, the Party's discipline inspection organs, the Party committees and their working departments dispatched by the leading party groups, representative organs and their working departments shall be engraved with party emblem patterns;
(2) When the Party's national congress, representative meeting and local congresses and representative meetings are held, party emblem should be hung and five red flags should be placed on both sides of party emblem;
(three) awards, certificates and other honorary documents and certificates issued by party organizations at all levels can be printed with party emblem patterns;
(4) party emblem patterns can be printed in party publications. In addition to the above, the use of party emblem and its patterns must be approved by the organization department of the Party committee at or above the county level.