2. Provide model essays and modify them according to actual needs.
Defense of administrative punishment
Quanzhou Administration for Industry and Commerce:
We have received the Notice of Administrative Punishment Hearing from your bureau. According to the provisions of Article 32 of the Administrative Punishment Law of the People's Republic of China, the following defense opinions are put forward. I hope that your bureau will reduce the punishment proposed by our company after studying it: 1. Subjectively, our company has no intention of infringement. As a specialized automobile company, it is our aim to provide professional automobile maintenance services for the majority of Mercedes-Benz owners. After the establishment of the company, our company is also strict. From the results of your bureau's on-site search of our company, we can see that most of the products used by our company, especially the high-value accessories, are genuine Mercedes-Benz, and the value of the gas and oil tanks involved is not high, so there is no subjective malice in our company to deliberately use these counterfeit trademark products for profit. Our company did not know that the product was an infringing product at the time of purchase, so in this case, our company did not intentionally sell counterfeit trademark products.
Second, objectively, the number of infringing products involved is small, and the amount is small. Our company has not yet sold them to the outside world, resulting in small adverse effects, which is a minor case.
1. Our company has only been established for more than three months, and it is still in the early stage of business. Our daily maintenance business was limited before the incident, so our company did not purchase infringing products on a large scale. According to your determination, the amount of the products involved is only more than 3,000 yuan, and our company has not yet made a profit by selling the infringing products involved. It can be seen that our company only buys infringing products, which does not constitute selling infringing products or making profits from them.
2. Judging from the infringing products investigated by your bureau, the number of infringing products involved by our company is relatively small, and none of them have been opened. Our company has not used it in users' cars, so the infringing products involved in this case have not caused adverse effects on the public. It should be said that the circumstances are minor.
Third, your company intends to impose a fine of 30,000 yuan on our company, although according to Article 60 of the Trademark Law, there is no infringement of illegal business turnover or the illegal business turnover is less than 50,000 yuan, and the maximum fine can be 250,000 yuan. However, we believe that the administrative department for industry and commerce can impose a fine on this kind of infringement, but it is not necessary to impose a fine; If it is a fine, the amount of the fine should also correspond to the circumstances involved and the amount involved, reflecting the principle of consistency of behavior, responsibility and punishment. Our company involved more than 3,000 yuan this time, and your company imposed a fine of nearly 10 times the amount involved, which we think is too high.
To sum up, through this law enforcement by your bureau, our company deeply realized that registered trademarks should be respected, used and sold according to law. Therefore, we agree to your suggestion, immediately stop using the infringing products involved, and hand over all the infringing property rights involved to your company, and promise that such infringement will not happen again. However, in this case, our company has no intention of infringement subjectively, and objectively, the circumstances of such infringement are relatively minor, and our company, as a newly established company, has a low debt tolerance, so please reduce or exempt our company's fine according to law.
Declared by:
Auto service co., ltd. 20 14 1 1.7