The People's Court of Jian 'ou City, Fujian Province tried a case of infringement of the exclusive right to use a trademark today. In order to seek illegitimate interests, Zhang, Li and Huang illegally produced a counterfeit brand of mineral water, bought the trademark logo and bookmarks of the brand of mineral water, as well as the brand's outer packaging box and 65.438 million sets of bottle embryos and caps, which were seized in less than one month.
After hearing the case, the court held that the defendants Zhang, Li and Huang infringed upon the exclusive right to use a registered trademark of others, illegally manufactured the logo of a registered trademark and infringed upon the exclusive right to use a registered trademark of others. If the circumstances are serious, his behavior has constituted the crime of illegally manufacturing registered trademark marks; In view of the fact that the registered trademarks illegally manufactured by the four people have not yet entered the market, the products produced have not yet been sold, and the production has stopped before being investigated, so they are fined 20,000 yuan.
According to Article 3 of China's Trademark Law, a trademark registrant enjoys the exclusive right to use a trademark. Anyone who uses a registered trademark in the process of production and operation without the authorization of the trademark registrant is an act of infringing on the exclusive right to use a trademark of others and will constitute an infringement of the exclusive right to use a trademark. The trademark owner has the right to request him to stop using the exclusive right to use the trademark.
In this case, these four people were obviously not authorized by the owner of the exclusive right to use a trademark, that is to say, they violated the exclusive right to use a trademark, so they were punished according to law.