Misappropriation of other people's trademarks is an administrative violation. This is actually an infringement. Under our national laws, it may not be possible to require the other party to bear relevant infringement liabilities. Of course, if the circumstances are serious , criminal acts can be punished in accordance with the provisions of criminal laws.
1. What is the illegal act of misappropriating other people's trademarks? Misappropriating other people's trademarks is an administrative violation. This is actually an infringement. Misappropriating other people's trademarks is a "trademark infringement". The natural person or legal person who has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses. If the circumstances are serious, criminal liability will also be borne. my country’s Criminal Law has provisions specifically targeting intellectual property crimes. The law stipulates that according to Article 213 of the Criminal Law, anyone who uses the same trademark as his registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine of not more than three years in prison. Or a fine alone; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. According to Article 214 of the Criminal Law, anyone who 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 solely be fined; if the sales amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
2. Can a trademark be applied for in an individual’s name? 1. A trademark can be applied for in an individual’s name, but the following conditions must be met: (1) When a self-employed person applies to register a trademark, the party concerned should submit the individual’s ID card and business registration form. License; (2) When rural contract operators apply for registered trademarks, the parties concerned should submit the identity card and contract contract of the signatory; (3) The scope of goods and services applied for should be the business scope approved by the business license or relevant registration documents. limit. 2. The law stipulates: If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. Individual registered trademark rights belong to the individual, and company registered trademark rights belong to the company. In contemporary society, if you use other people's trademarks, it is an illegal act. First of all, it is an infringement, and the other party can be required to bear relevant compensation responsibilities. Secondly, it may be necessary to comply with the laws of our country. Criminal law provides for criminal liability. Even if it does not constitute a crime, administrative responsibility still needs to be assumed.