A trademark is a commercial identifier that distinguishes the source of goods or services. With the further development of the economy, market competition has further intensified, coupled with factors such as local protection and the crazy pursuit of profits from infringement, trademark infringements occur from time to time. So?
According to the relevant provisions of the law, the authenticity of goods using a registered trademark should be authenticated by the legal user of the registered trademark or a statutory inspection agency. In the event that the appraisal conclusions of both parties are inconsistent, if the user of the registered trademark can provide valid evidence to prove that the conclusion is true and legal, the appraisal conclusion of the legal user of the registered trademark shall prevail.
According to the "Trademark Law of the People's Republic of China" promulgated in 1982 and revised and implemented twice in 1993 and 2001: the Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for national trademark registration and management. The local industrial and commercial administration departments supervise and manage the use of trademarks, investigate and deal with infringements of the exclusive rights of registered trademarks ex officio or at the request of the rights holders, and protect the legitimate rights and interests of trademark owners and consumers.
On July 11, 2008, "Notice of the General Office of the State Council on Issuing the Regulations on the Main Responsibilities, Internal Organizations and Staffing of the State Administration for Industry and Commerce" *** Guobanfa [2008] No. 88*** And on September 8, 2008, the State Administration for Industry and Commerce "Notice on Issuing the Main Responsibilities, Internal Structure and Staffing Regulations of Departments, Departments, Bureaus, and Offices" *** Industry and Commerce Words [2008] 195 *** stipulates that the Trademark Office is affiliated to the State Administration for Industry and Commerce and is responsible for administrative functions such as trademark registration and management. It is specifically responsible for national trademark registration and management, protects exclusive rights to trademarks in accordance with the law, investigates and handles trademark infringements, and handles trademark disputes. Strengthen the identification and protection of well-known trademarks, be responsible for the registration, filing and protection of special signs and official signs, research, analyze and release trademark registration information in accordance with the law, provide information services for government decision-making and the public, and implement trademark strategies.
[Legal Basis] "Reply on the Identification of the Authenticity of Goods Using Registered Trademarks" by the Trademark Office of the State Administration for Industry and Commerce.