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Can the trademark in the application not be tm on the package?
TM is the abbreviation of Trade Mark, which means that the trademark has been applied to the State Trademark Office with a symbol? At the same time, the State Trademark Office has also issued a notice of acceptance, entering the objection period, which can prevent others from applying repeatedly, and also means that existing trademark holders have the priority to use.

differentiate

"TM" means "trademark", and its function is to tell people that the graphic or text it marks is the trademark of this commodity or service, not the name or advertisement. And "R" is the abbreviation of "register" in English, which means "registration" in Chinese. When a commodity or service is marked with such a sign, it tells people that the graphics or words it marks are not only trademarks, but also registered trademarks, which are protected by national laws and may not be used by any other individual or organization without authorization. In fact, although the Trademark Office has accepted a considerable number of trademark registration applications, they have all been rejected after examination and finally failed to register successfully. Therefore, it is suggested to mark "TM" instead of "R" during this period, otherwise it will constitute an illegal act of counterfeiting registered trademarks, and a fine of less than 20% of illegal business volume or less than 2 times of illegal profits will be imposed.

legal ground

Article 214 of the Criminal Law: Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

In the third paragraph of Article 67 of the Trademark Law, if a person knowingly sells a commodity with a counterfeit registered trademark, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the infringed for the losses.

Article 63 of the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC), where a registered trademark is used, the "registered trademark" or a registration mark may be marked on the goods and their packages, manuals or other attachments. Registration marks include and? . The use of a registered trademark shall be marked in the upper right corner or the lower right corner of the trademark.