A trademark is a sign and a commercial means to distinguish a specific commodity or intangible service. Trademark is also an important embodiment of a company's brand power and popularity.
Trademark is the value embodiment of a company's soft culture. Many times, our understanding of a product is often deeply moved by the trademark of the product, which is because of our understanding of logo.
Trademark is the embodiment of knowledge. Any intellectual property right is priceless. In order to protect the achievements of these knowledge workers, we will have relevant legal provisions to protect knowledge achievements, which is the trademark law.
Many self-employed individuals, in order to expand their brand influence and open up their own marketing channels, often fabricate several registered trademarks to become trademarks of their own goods. At this time, the problem of infringement of self-employed goods also arises.
So what acts are considered infringement?
First, copying trademarks. It is an infringement to use a registered trademark on one's own goods in an alternative way without the permission of the registered trademark owner;
Second, imitate trademarks. Without the knowledge of the trademark registrant, by means of imitation, the trademark that is similar to the trademark that has been used in the past is recombined, or the trademark that is the same as or similar to its registered trademark is used on similar goods and on the same series of competitive products, thus causing the visual purpose of confusing the fake with the real;
Third, in order to make our products more attractive, we should take the consciousness of taking other people's achievements and directly regard them as our own sales;
Fourth, copying trademarks. Fortunately, through some "easy-to-make" means, the logo of the original trademark was changed locally;
Fifth, economic means. Without the knowledge of the registrant, the original trademark was put into production line immediately after minor repairs;
Sixth, joint and several liability. If you know that the other party has infringed the trademark, but you don't stop it, it will facilitate this kind of behavior, and it is also considered as indirect infringement.
What are the penalties for trademark infringement?
First, solve it through consultation. Infringement of the exclusive right to use a trademark, if both parties are willing to settle it privately, can be settled privately with the consent of both parties;
Second, litigation for help. If one party is unwilling to negotiate, the infringed may request the relevant department to give corresponding punishment. Once the administrative department for industry and commerce finds that the act is an infringement, it shall:
First of all, it will force the termination of related behaviors and clean up the related marketing AIDS of infringement one by one;
Second, economic punishment. If the income from the infringing business involved is more than 50,000 yuan, an economic fine of less than 5 times of the illegal business income may be imposed; If the illegal business income is not involved or the suspected amount is less than 50 thousand yuan, a fine of 250 thousand yuan may be imposed;
Third, the principle of access. If there are two or more cumulative violations of laws and regulations within five years, or more serious violations are involved, several crimes shall be punished with a heavier punishment;
As can be seen from the above provisions, once the infringement is established, the corresponding administrative punishment is inevitable. Because these behaviors have brought misleading sales to consumers and affected the normal development of market order. However, if the punished person thinks that the punishment is too high or too heavy, he can reconsider the punishment result.