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There is a problem with the logo designed by the advertising company and it is infringed. Who will bear the responsibility?

Legal analysis: The designer should bear the primary responsibility, and the company should bear the secondary responsibility. The trademark must be checked for duplication. Failure to check is likely to cause infringement.

Legal basis: "Advertising Law of the People's Republic of China"

Article 7 Advertisements shall not have the following circumstances: (1) Use the national flag of the People's Republic of China, The national emblem and national anthem; (2) using the names of state agencies and state agency staff; (3) using terms such as national level, superlative, and best; (4) hindering social stability, endangering personal and property safety, and damaging social public welfare. *** interests; (5) Hindering public order and violating social customs; (6) Content containing obscenity, superstition, terror, violence, and ugliness; (7) Content containing ethnic, racial, religious, and gender discrimination ; (8) Hindering the protection of the environment and natural resources; (9) Other situations prohibited by laws and administrative laws. The advertising supervision and management agency shall order the responsible advertisers, advertising operators, and advertising publishers to stop publishing and make public corrections, confiscate the advertising fees, and impose a fine of not less than one time but not more than five times the advertising fees; if the circumstances are serious, their activities shall be suspended in accordance with the law. advertising business.

Article 9 Advertisements that express the performance, origin, purpose, quality, price, producer, validity period, or commitment of goods or the content, form, quality, price, or commitment of services shall be Clear and understand. If the advertisement states that the promotion of goods or the provision of services is accompanied by gifts, the variety and quantity of the gifts shall be indicated.

Article 10: Advertising use data, statistics, survey results, abstracts, and quotations must be true and accurate, and the source must be indicated.

Article 11 If the advertisement involves patented products or patented methods, the patent number and patent type shall be indicated. Those who have not obtained patent rights shall not falsely claim to have patent rights in advertisements. It is prohibited to use patent applications for which patent rights have not been granted and patent advertisements that have been terminated, revoked, or invalidated. "Article 12 stipulates: "Advertising shall not disparage the goods or services of other producers and operators.