Famous branding is a phenomenon of trademark infringement and unfair competition. It mainly refers to borrowing or imitating well-known trademarks, font sizes, unique names, packaging and decoration and other goodwill of well-known companies, causing market confusion and causing consumer confusion. Misidentification, wrong purchase, infringement of other people's intellectual property rights and the act of seeking illegitimate benefits.

According to relevant legal provisions, those who stick to famous brands will bear the following consequences:

1. Fines: Operators use the unique names, packaging, and decoration of well-known products without authorization, or use If the name, packaging, and decoration are similar to those of well-known products, causing confusion with other people's well-known products and causing buyers to mistake them for the well-known products, the supervision and inspection department will order the perpetrators of the famous brand to stop illegal activities and confiscate the illegal gains, and The offender will be fined not less than one time but not more than three times the illegal income based on the specific losses of the right holder of the famous brand or the actual benefits gained;

2. Cancellation of the trademark: After two or three "legitimate uses" Some trademarks can be registered by luck. However, if the perpetrator imitates the logo of a famous trademark, which alone constitutes unfair competition, then even the trademark that was registered by luck will be revoked.

If a registered trademark is spliced ??to look like a famous trademark, but the registered trademark is actually used improperly, then the registered trademark will be revoked by the Trademark Office due to improper use;

4. Fixed-term imprisonment or criminal detention, and concurrently or solely a fine. If a person who buys famous brands uses the famous brand to sell inferior goods, adulterates or adulterates the products, passes off fakes as genuine, passes off substandard products as good ones, or passes off substandard products as qualified products, criminal liability will be determined based on the amount sold:

(1) Anyone with a sales amount of more than 50,000 yuan but less than 200,000 yuan will be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and may be fined or separately required to be not less than 50% but not more than twice the sales amount. Fine;

(2) Anyone with a sales amount of more than 200,000 yuan but less than 500,000 yuan will be sentenced to a fixed-term imprisonment of not less than two years but not more than seven years, and a requirement of more than 50% of the sales amount. A fine of not more than 500,000 yuan;

(3) Anyone with a sales amount of more than 500,000 yuan but less than 2 million yuan will be sentenced to a fixed-term imprisonment of not less than seven years, and more than 50% of the sales amount will also be required. A fine of not more than twice the amount;

(4) Anyone with a sales amount of more than 2 million yuan will be sentenced to 15 years in prison or life imprisonment, and the sales amount is required to be not less than 50% but not more than twice the amount. Fines or confiscation of property.

To sum up, plagiarizing famous brands is a phenomenon of trademark infringement and unfair competition. Plagiarizing famous brands is one of the unfair competition methods most commonly used by unscrupulous merchants in the market. Prohibited by law.

Legal basis:

Article 6 of the "Law of the People's Republic of China and the State Against Unfair Competition"

Operators shall not carry out the following confusing behaviors, causing People mistakenly believe that they are other people’s goods or have a specific connection with others:

(1) Use without permission the same or similar logos as other people’s product names, packaging, decoration, etc. that have a certain influence;

(2) Unauthorized use of other people’s company names (including abbreviations, trade names, etc.), social organization names (including abbreviations, etc.), and names (including pen names, stage names, translated names, etc.) that have certain influence;

(3) ) Unauthorized use of the main part of other people’s domain names, website names, web pages, etc. that have certain influence;

(4) Other confusing behaviors that can lead people to mistakenly think that they are other people’s products or have a specific connection with others.

Article 51

Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to apply for registration within a time limit. If the illegal business volume exceeds 50,000 yuan, he may be punished. A fine of less than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.

Article 52

Anyone who uses an unregistered trademark as a registered trademark or uses an unregistered trademark in violation of the provisions of Article 10 of this Law shall be punished by the local industrial and commercial administration department. Stop, make corrections within a time limit, and may be notified. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. A fine of less than 10,000 yuan.

Article 53

Whoever violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local industrial and commercial administration department and shall be fined 100,000 yuan.

Article 54

If the party concerned is not satisfied with the decision of the Trademark Office to cancel or not to cancel the registered trademark, he may submit it to the Trademark Review and Adjudication Office within fifteen days from the date of receipt of the notice. The committee applied for review. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

Article 9 of the "Trademark Law of the People's Republic of China"

The trademark applied for registration shall have distinctive features that are easy to identify and shall not be confused with any legal trademark previously obtained by others. Rights conflict.

The trademark registrant has the right to indicate "registered trademark" or registered mark.

Article 67

If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party In addition, criminal liability shall be investigated in accordance with the law.

If a person forges or manufactures other people’s registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

Whoever knowingly sells goods with counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for losses, he will also be held criminally responsible in accordance with the law.