First, how can consumers compensate for food deterioration?
If a consumer buys spoiled food, he can ask the merchant who sells the spoiled food for a refund. At the same time, if the seller knows that the spoiled food is still on sale, he can ask him to pay 10 times the price or 3 times the loss. If the compensation thus calculated is less than 1000 yuan, it shall be counted as 1000 yuan. Of course, consumers can claim compensation not only from sellers, but also from food producers.
legal ground
Article 148 of the Food Safety Law: If a consumer suffers from food that does not meet the food safety standards, he may claim compensation from the operator or producer. The producers and operators who accept the consumer's claim for compensation shall implement the first responsibility system, pay in advance, and shall not shirk; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation. In the production of food that does not meet the food safety standards or in the operation of food that is known to fail to meet the food safety standards, consumers can demand compensation from the producers and operators for losses that are ten times the price or three times the loss; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have the defects of not affecting food safety and not misleading consumers. Article 49 of the Law on the Protection of Consumers' Rights and Interests: If a business operator provides goods or services that cause personal injury to consumers or other victims, it shall compensate the reasonable expenses of medical treatment and rehabilitation, nursing expenses, transportation expenses, and the reduced income due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid. Article 55 If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by the consumer according to the requirements, and the compensation amount shall be three times the price of the goods purchased by the consumer or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail. Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
Second, how to deal with food trademark infringement disputes?
This belongs to trademark infringement, and the infringer can be hit by legal protection. Collecting evidence of infringement can protect one's legitimate rights and interests by legal means.
Trademark exclusive right is a kind of property right, which is protected by law; The legitimate rights and interests of registered trademarks are also protected by the trademark management order according to law. The Trademark Law stipulates the disposal of trademark infringement, which means as follows:
First, if there is an infringement of the exclusive right to use a trademark listed in the Trademark Law and a dispute arises, it shall be settled by the parties through consultation.
Second, for trademark infringement disputes, if the parties are unwilling to negotiate or fail to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
Third, if a lawsuit is filed in a people's court, it shall be conducted in accordance with legal procedures; If it is handled by the administrative department for industry and commerce, and the infringement is found to be established at the time of handling, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined.
Fourth, if a party refuses to accept the decision of the administrative department for industry and commerce, he may bring a lawsuit to the people's court in accordance with the administrative procedure law; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution.
Fifth, the administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law.
You can choose a suitable treatment method from the above.
3. What is the food trademark registration process?
1. Registration preparation
Choose the registration method: one is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services. Before registration, it is best to find an authoritative inquiry company to inquire about your food trademark before registration, which can reduce the risk of trademark approximation in trademark registration and improve the certainty of food trademark registration.
2. Prepare materials, including drawings of food trademarks, apply for copies of people's identity cards and business licenses, and submit copies; An application for trademark registration stamped with the official seal of the unit.
Start applying
4. Apply according to the classification of goods and services. When applying for the registration of a food trademark, the food category using the trademark shall be determined according to the classification of the classification table of goods and services; Where the same applicant uses the same trademark on different categories of food, it shall apply for registration according to different categories.
5. The date of application shall be the date when the Trademark Office receives the application. Then there are three procedures: trademark examination, preliminary examination announcement and registration announcement.
6. Obtain the food trademark registration certificate.
Therefore, we can know from the full text that the compensation basis for consumers to buy spoiled food is clearly stipulated in the Food Safety Law. When a producer produces spoiled food, consumers can claim compensation from the producer according to law. You can also ask the producer or seller for ten times compensation.