"Counterfeiting trademarks" is directly understood to mean "using one's own unregistered trademark as a registered trademark", or if the use of an unregistered trademark violates the provisions of Article 10 of the Trademark Law, the local industrial and commercial administration department shall order it within a time limit. When applying for registration, if the illegal business amount exceeds 50,000 yuan, a fine of not more than 20% will be imposed; if the illegal amount is less than 50,000 yuan or none, a fine of not more than 10,000 yuan will be imposed. After investigation by the public security organs, it was found that the workers were indeed ignorant and no punishment was given.
"Counterfeiting trademark" can also be understood as "infringement of trademark exclusive rights". The circumstances of infringement of trademark exclusive rights are as follows:
1. Without the permission of the trademark registrant, under the same trademark Using a trademark that is the same as its registered trademark on the same kind of goods;
2. Using a trademark similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using a trademark similar to its registered trademark on similar goods Trademarks with identical or similar trademarks that are likely to cause confusion;
3. Selling goods that infringe the exclusive rights of registered trademarks;
4. Counterfeiting, unauthorized production or sales of registered trademarks of others Forging or making unauthorized registered trademark logos;
5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;
6 .Intentionally providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks;
7. Causing other damage to others' exclusive rights to registered trademarks.
When handling the case, the industrial and commercial administrative department shall impose a fine of not more than five times the illegal business volume. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.
Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished.
If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, you will be ordered to stop selling by the industrial and commercial administration department. After investigation by the public security organs, it was found that the workers were indeed ignorant and no punishment was given.