What are the main contents of the trademark management authority’s management of the use of unregistered trademarks?

In daily life, we know that trademark management refers to activities such as supervision and inspection by relevant national competent authorities on the registration, use, transfer and other activities of trademarks in accordance with the law. If there are non-compliant trademarks, they will be dealt with accordingly. So what are the main functions of trademark management agencies in managing the use of unregistered trademarks? Below, the editor of Legal Savior Network has compiled relevant content for you to answer.

What are the main contents of the trademark management authority’s management of the use of unregistered trademarks

(1) Management of whether the use of unregistered trademarks violates trademark prohibition clauses;

(2) Management of whether unregistered trademarks are counterfeiting registered trademarks Management;

(3) Quality management of goods or services using unregistered trademarks;

">(4) Management of whether products that are required to use registered trademarks by the state use unregistered trademarks.

Trademark printing management

Trademark printing management, Also known as trademark and logo printing management, it refers to the supervision and management of the trademark and logo printing activities of trademark printing units and printing clients by the trademark management agencies in accordance with the law. Proper management of trademark printing can plug loopholes in trademark use management, prevent illegal and unqualified trademarks from entering the market, thereby preventing counterfeit (counterfeit) trademarks and trademark infringement from the source, and effectively protect trademark registrants and other legitimate trademark users, safeguard the interests of consumers, and stabilize the social and economic order.

1. Trademark printing units Management

is mainly reflected in the following two aspects:

1. Management of access system for trademark printing units. Enterprises that want to engage in trademark printing must apply for a "Trademark Printing Unit Certificate."

2. Management of trademark printing activities. Trademark printing activity management, mainly including:

(1) Verification system.

(2) Trademark printing and filing system. After the trademark logo is printed, the trademark printing unit shall take a sample of the logo within 15 days, together with the trademark printing business registration form, a copy of the trademark registration certificate, a copy of the trademark license contract, a copy of the trademark printing authorization letter, etc. Make an archive. The trademark printing business registration form shall be kept for 2 years.

(3) Trademark logo entry and exit system. Trademark printing units should establish a trademark logo entry and exit system. When trademarks are shipped in and out of the warehouse, the quantity should be counted and recorded in the ledger. This is to ensure that the printed trademarks are correct and no omissions occur, so as to prevent illegally printed trademarks from entering the market. Obsolete trademarks should be destroyed in a centralized manner and should not be allowed to flow into the society.

2. Management of trademark printing clients

Management of trademark printing clients (trademark registrants, unregistered trademark users, trademark licensees and other trademark users), according to the relevant provisions of the "Trademark Printing Management Measures", trademark printing clients entrust When a trademark printing unit prints a trademark, it shall produce a copy of its business license or legal business certificate or identity certificate.

3. Management of illegal printing of trademarks and logos

Article 34 of the "Implementing Rules of the Trademark Law" stipulates that "No one may illegally print or buy or sell trademark signs." Illegal printing activities should include:

(1 ) has not obtained the "Trademark Printing Unit Certificate" to undertake the trademark printing business;

(2) has not obtained the qualification to print trademarks for tobacco products or human medicines And printing trademarks for tobacco products or human medicines;

(3) Violating the provisions of Article 34(1) of the Trademark Law, printing Making and counterfeiting registered trademarks.

(4) Violating Article 8 of the Trademark Law by printing prohibited trademarks;

(5) When printing a registered trademark, violating the provisions of Article 30 (1) of the Trademark Law and printing a registered trademark without authorization;

(6) Accepting the licensee’s entrustment to print a trademark violates the provisions of Article 26 of the Trademark Law and fails to indicate the licensee’s business name and address; (7) Printing If the trademark constitutes infringement.

If the trademark logo is illegally printed, the industrial and commercial administration authorities shall stop it, confiscate the trademark logo, and may impose illegal business operations according to the circumstances. A fine of less than 20% of the total amount; if illegal printing of trademark logos constitutes an infringement of the exclusive rights of others to register trademarks, the industrial and commercial administration authorities may take the following measures to stop the infringement:

(1) Order to stop the infringement;

(2) Seize and destroy the infringing trademark logo;

(3) Seize molds, printing plates and other crime tools that are directly used for trademark infringement.

To sum up, we can clearly know that trademark The management of the use of unregistered trademarks by administrative agencies mainly includes the management of whether the use of unregistered trademarks violates trademark prohibition clauses, the management of whether they are impersonating registered trademarks, the quality management of goods or services, and the management of whether goods with registered trademarks reuse unregistered trademarks. . If you have any other unclear questions, please consult the professional lawyers at Legal Savior Network and they will answer your questions.