1. How to apply for a company trademark now?
Steps for a company to register a trademark :
1. Determine the goods (or services) that require registered trademarks;
2 , check whether there are similar trademarks;
3. Risk assessment;
4. Prepare for application Information;
5. Apply for registration.
Article 22 of the "Trademark Law of the People's Republic of China" An applicant for trademark registration shall follow the prescribed procedures Fill in the product classification table with the product category and product name using the trademark, and submit an application for registration.
Trademark registration applicants can apply for multiple categories of goods through one application Register the same trademark. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.
If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.
2. How to constitute the crime of counterfeiting registered trademarks?
(1) If the party uses a trademark that has been registered by others to carry out related production activities or sales activities, this situationIt is a counterfeiting of someone else's registered trademark. Depending on the seriousness of the case, criminal liability must be pursued in accordance with the law.
(2) The income obtained by the party using the trademark registered by others to carry out related production activities or sales activities is illegal income. If the following conditions are met, law enforcement agencies will file a case and conduct an investigation. The first is that the registered trademark was used on other identical goods without the permission of the trademark registrant, and illegal gains were obtained in the process of using the trademark, and the amount of illegal gains exceeded 20,000 yuan; second The second one is knowing that the goods he is selling are produced by counterfeiting the registered trademarks of others, and has obtained illegal gains from selling such goods, and the amount of illegal gains exceeds 20,000 yuan; the third one is simply infringing upon others' registered trademarks. He forged registered trademarks and obtained illegal gains through forged and counterfeit trademarks. The amount of illegal gains exceeded 10,000 yuan. It is particularly important to note that if the party concerned does not produce the trademark or sell or produce goods with counterfeit trademarks, but assists others, he will become an accomplice in the crime of counterfeiting registered trademarks and will also be held criminally responsible. of.
(3) If you register a trademark by counterfeiting others, and ultimately obtain related economic profits exceeding 100,000 yuan, this situation is a special case Serious crimes require filing of cases and sentencing. Another type is simply producing or manufacturing trademark logos, and the number exceeds 20,000. This situation is also a particularly serious crime.
(4) and other situations stipulated in the law for counterfeiting other people’s registered trademarks and causing serious consequences.
In summary, the process for a company to apply for a trademark is to first prepare materials and then submit them for review, but it must accurately position the product within the 45 major trademark categories. In a subcategory of the category, if I accidentally cause infringement, I may have to pay the other party certain compensation. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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