Are there any examples of counterfeit trademarks now? How to sentence for counterfeiting trademarks? Xiaobian will share the examples of sorted counterfeit trademarks with everyone, welcome to read, for reference only!
In order to reverse the losses of enterprises, illegally printing counterfeit trademarks to gain profits
Case Ling Mou, male, 45 years old, is the director of Qianjin Printing Factory in a certain province and city. In order to reverse the loss situation of the enterprise, Ling arranged for the workers of our factory to illegally make the registered products of Shanghai Xiafei Daily Chemical Plant twice? Xia Fei? Cosmetic trademark printing plate, and printing counterfeit for other manufacturers? Xia Fei? More than 1 sets of trademark logos, etc., illegally profited more than 1, yuan.
What is a unit crime? How to identify and punish the unit crime?
Analysis
According to Article 3 of the Criminal Law: Companies, enterprises, institutions, organs and organizations that commit acts that endanger society shall bear criminal responsibility if the law stipulates that it is a unit crime. ? Accordingly, unit crime refers to the crime that companies, enterprises, institutions, organs and groups seek benefits for their own units and decide to implement according to their will. The following conditions must be met to constitute a unit crime:
(1) The main body of a unit crime is a company, an enterprise, a public institution, an organ or a group.
(2) seeking benefits for the unit and committing acts that endanger society. If a member of a unit commits a crime in the name of the unit for personal gain, it is not a unit crime, but only a personal crime of a unit member.
(3) It must be decided by the decision-making body of the unit or by the person in charge. If it is not decided by the decision-making body or the responsible person of the unit, it should be punished as an individual crime.
(4) To constitute a unit crime, it must be clearly stipulated by law. The provisions of Article 31 of the Criminal Law: If a unit commits a crime, it shall be fined, and the directly responsible person in charge and the directly responsible person shall be sentenced to punishment. Where there are other provisions in the specific provisions of this Law and other laws, such provisions shall prevail. ? According to the provisions of this article, the unit crime is generally adopted? Double penalty system? . In this case, Lingmou, as the legal representative of the enterprise, ignored the national laws and arranged for workers to forge and manufacture others' registered trademarks without authorization. The circumstances were serious, and his behavior constituted the crime of forging others' registered trademarks. He should be punished according to law and his unit should be fined.
How can the trademark right be used
Trademark right is the abbreviation of exclusive right to use a trademark, which means that the trademark authority grants the trademark owner the exclusive right to protect his registered trademark by national laws according to law, and the trademark registrant has the right to control his registered trademark according to law and prohibit others from infringing on it. However, under the market economy, how can we maximize the value of trademark rights?
I. Self-use of trademark rights
Self-use of a trademark refers to the use of a trademark under one's own control, which is the most common way to use a trademark.
its advantage is that it is easy to maintain the brand value, but it can't directly use the trademark to make profits. For example, Wuhan Zhou Heiya: only direct sales, not joining.
II. Trademark license
(1) License form:
(1) General license; (2) exclusive permission; (3) Exclusive license
The licensee has different litigation rights in different licensing methods:
When the exclusive right to use a registered trademark is infringed, the licensee with exclusive license contract can bring a lawsuit to the people's court; The licensee of the exclusive use license contract may file a lawsuit with the trademark registrant, or file a lawsuit on his own without the trademark registrant's prosecution; The licensee of a general use license contract may bring a lawsuit with the express authorization of the trademark registrant.
(ii) conclusion of licensing contract
a written contract shall be concluded.
it shall be reported to the trademark office for the record.
article 43 of the trademark law stipulates that if another person is licensed to use his registered trademark, the licensor shall report his trademark license to the trademark office for the record and the trademark office will make an announcement. A trademark license may not be used against a bona fide third party without filing.
III. Trademark transfer
(I) Common situations of trademark transfer
1. Corporate mergers and acquisitions
For example, Ford transferred Volvo trademark (car trademark) and other assets to Geely with a total purchase price of 1.8 billion US dollars; GM transferred Hummer trademark (US$ 15 million) to Tengzhong Heavy Industry.
2. To protect its main trademark, acquire the same or similar trademarks registered by others
For example, Apple acquired Hanwang Technology? i-phone? Trademark.
(II) Trademark Assignment Procedure
When an enterprise assigns a registered trademark, it shall sign an assignment agreement with the assignee and apply to the Trademark Office together.
article 42 of the trademark law, where a registered trademark is assigned, the assignor and the assignee shall sign an assignment agreement and file an application with the trademark office. The transferee shall guarantee the quality of the goods using the registered trademark.
where a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same commodity or the same or similar trademark registered on similar commodities.
transfer of joint trademarks: if an enterprise registers the same or similar trademarks on the same or similar goods, it must transfer them together.
transfer to defensive trade mark: if an enterprise has registered the same trademark or similar trademarks in multiple categories of goods, the enterprise shall agree with the transferee on the scope of the transferred registered trademark. For example, an enterprise has registered a trademark in food, information technology, clothing and other categories, so the enterprise should agree with the other party on which categories of goods the registered trademark is used.
iv. contribution of trademark rights
the contribution of trademark rights means that the trademark rights are invested at a fixed price.
its advantage lies in the direct use of trademarks to make profits. For example, Wahaha Group will Wahaha? Trademark discount of 1 million yuan to set up a joint venture with Danone. However, it will lead to the decline of trademark rights, and may even be banned.
v. Pledge of trademark rights
Pledge of trademark rights means that the trademark owner, as the debtor or guarantor, takes the legally transferable trademark rights he owns as the creditor's guarantee. When the debtor fails to perform the debt, the creditor has the right to discount the exclusive right to use the trademark according to the law, and the price of the exclusive right to auction or sell the trademark can be paid first.
if an enterprise pledges its trademark rights, it shall conclude a written contract with the other party.
if an enterprise pledges its trademark rights, it shall go through the pledge registration with the state administration for industry and commerce.
How should China enterprises carry out international trademark protection
Chengdu Duguazi Food Co., Ltd. registered 48 trademarks at one time, most of which were related to? Du? Words are related, including Lao Du, Xiao Du, Du Da, Du Er, Du San, and even famous singers? Adu? I haven't let go. It is the first time for a snack to register so many trademark names at one time. However, it is worth mentioning that Du Zhaoming, the chairman of the company, also spent 2, RMB to register trademarks in the United States, China, Hongkong, Canada and other countries and regions, which is worth learning from China enterprises. China enterprises should not only have the awareness of regional brand protection, but also have the concept of international brand. The most effective way to prevent the above cases is that enterprises should change from passive to active, and should not wait until others pay their tuition fees to wake up, so they should nip in the bud. Nowadays, many large state-owned enterprises and time-honored enterprises have poor awareness of trademark protection. On the contrary, many private enterprises in China have strong awareness of trademark protection.
in order to export products, expand market scope and enhance brand influence, enterprises need? Trademark? Go first How to do a good job in international trademark protection, the following three suggestions are for enterprises' reference only:
(1) Enterprises need to apply for their own trademarks in relevant countries or regions about six months before exporting products, so as to ensure their priority in trademark application in local countries.
(2) Enterprises apply for trademarks in countries or regions where products have been exported to protect their own brands from foreign enterprises.
(3) apply for trademark protection in the countries or regions involved in the long-term planning of the enterprise, and try to plan ahead as much as possible.
in addition, due to the different classification of goods, trademark registration can only have the right of protection in the corresponding category. Therefore, relevant experts suggest that enterprises can apply for the trademark of the category of products to be produced as a comprehensive defense protection if they have plans to expand the product category.
It is not recommended for small enterprises or enterprises that may go abroad to register their trademarks abroad before going abroad. These enterprises may wish to register in China, such as Hong Kong, Macao and Taiwan, which do not belong to the same trademark law as the mainland, or they may register in Malaysia, Singapore and other areas where Chinese is more popular. As for English-speaking areas and Spanish-speaking areas, they can take their time.
The above are examples of counterfeit trademarks provided by Xiaobian. I hope you will like them!
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