Legal analysis: A trademark that has been registered can be remedied in the following three ways:
If the registered trademark is in the preliminary announcement period, you can file an objection with the Trademark Office.
If the registered trademark has been approved for registration, you can apply to the Trademark Review and Adjudication Board for cancellation within five years after the trademark is registered; if the registered trademark is a well-known trademark, there is no time limit for filing a cancellation application.
If the preemptively registered trademark has not been used for a long time after registration, a cancellation application can be filed with the Trademark Office on the grounds of "cessation of use for three consecutive years." The premise is that it has not been used for three years
Legal basis: "Criminal Law of the People's Republic of China"
Article 213 Without the permission of the registered trademark owner , who uses the same trademark as his registered trademark on the same kind of goods or services, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and also Penalties.
Article 214: Whoever knowingly sells goods with counterfeit registered trademarks and obtains a relatively large amount of illegal income or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined; illegal If the amount of income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Article 215: Whoever forges or manufactures registered trademarks of others without authorization or sells registered trademarks that have been forged or manufactured without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined ; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.