First, how to punish products without trademarks?
1, ordered to make corrections.
2, ordered to stop production and sales, and impose a fine of less than thirty percent of the value of illegal production and sales of products; If the product label with packaging does not meet the requirements, if the circumstances are serious, there will be illegal income, and the illegal income will also be confiscated.
3. Confiscation of illegal income (illegal income). If there is no illegal income or the illegal income is less than 20 thousand yuan, the punishment is beyond the law and is invalid. You can bring a lawsuit to the court and ask the court to find that the punishment of the industrial and commercial department is illegal.
Two, how to punish the use of trademarks is not standardized behavior
1. After an enterprise applies for a trademark, it cannot use the trademark at will. The nonstandard use of a trademark means that the actual use mark of the trademark is inconsistent with the mark on the registration certificate. These inconsistencies include inconsistent colors, inconsistent fonts and other acts of changing registered trademarks without authorization.
2. Non-standard use of trademarks can be registered, and trademarks can be revoked by administrative organs according to law. Where a registered trademark is changed by itself and stopped being used for three consecutive years, the Trademark Office shall order the trademark registrant to correct or cancel its registered trademark within a time limit. Trademark registrants do not regulate the use of registered trademarks. In the course of civil litigation, the defendant often argues that the trademark registrant has applied to the Trademark Office for cancellation after not using the registered trademark for three years. At the same time, in the process of civil litigation, the people's court's determination that the trademark registrant has not actually used the registered trademark will also be used by other interested parties as the basis for applying to the Trademark Office for cancellation of the registered trademark.
Three. Matters needing attention in the use of registered trademarks
1. A registered trademark shall be used in strict accordance with the registered trademark on the trademark registration certificate and the goods or services approved for use.
2. The words, figures, colors or their combinations of a registered trademark shall not be changed, and the name, address or other registered items of the registered trademark shall not be changed.
3. Where a trademark registrant transfers a registered trademark, it shall sign an assignment agreement and file an application with the Trademark Office.
4. Where a trademark registrant licenses others to use a registered trademark, it shall sign a license contract and report it to the Trademark Office for the record.
The trademark registrant has the obligation to use the registered trademark. If a registered trademark has not been used for three consecutive years since the date of approval, it may be revoked according to law.
To sum up, after an enterprise applies for a trademark, it is not allowed to use the trademark at will. If the logo actually used is inconsistent with the logo on the registration certificate, it is also against the regulations. Therefore, when using trademarks, it is necessary to standardize and strictly follow the standards, otherwise the chances of litigation will be greater, and the amount of fines will be determined according to specific circumstances.