How To Make A Counterfeit Trademark Or Infringement?

In June 2015, he bought illegally more than 7 pieces of gold card paper with counterfeit twenty year's Fenjiu trademark, and processed forged Fenjiu registered trademarks in a rental room in wanBerlin District, Taiyuan.

In July 2015, the police of the Taiyuan Municipal Public Security Bureau arrested Cao and seized 43 thousand pieces of finished packaging face paper that had been processed for twenty years, and 16 thousand pieces of semi finished wrapping paper, which had been processed for gold stamping and bulging, and 60 thousand pieces of wrapping paper for twenty years of wine and 17 thousand sheets of gold wrapping paper.

It is certified that the above liquor packaging is unauthorized or illegal use of the company's "Fen", "Xinghuacun", "cowboy cattle" registered trademark logo.

The people's Procuratorate of Wan Berlin District of Taiyuan believes that Cao has violated the trademark management regulations and forged and unauthorized manufacture of registered trademarks of others. The circumstances are particularly serious and he is called upon to be sentenced according to law.

Judging from the category of the infringed objects, the defendant in the case only violated the Fenjiu distillery of Shanxi Xinghuacun for twenty years.

Exclusive right.

According to the definition of trademark logo, the trademark logo of Fenjiu in the past twenty years is composed of Fenjiu and herd cattle. It is a special trademark of Fenjiu for twenty years. Because it is not registered separately, it can not be evaluated by two registered trademarks.

The combination of "Xinghuacun" and "Fen Wine" and "cowboy" displayed in the gold card wrapping paper produced by Tsao Mou also forms an overall logo. The essence is only the violation of the registered trademark right of Fen Liquor in the past twenty years.

Therefore, the public prosecutor will mark "Fenjiu" and "shepherd boy" as the two registered trademarks.

It can not be established.

Judging from the number of infringed objects, the defendant illegally purchased over 7 pieces of gold card paper printed with counterfeit twenty year Fen Liquor trademarks, and 43 thousand of them were illegally manufactured, and 16 thousand others were partially processed.

Violation of trademark management laws and regulations, forging and unauthorized manufacture of others' registered trademark marks, serious circumstances, and their acts constitute the crime of illegally making registered trademark labels.

The defense counsel proposes that the defendant should not identify the defendant's circumstances particularly serious, according to the specific application of the Supreme People's court and the Supreme People's Procuratorate on criminal cases involving infringement of intellectual property rights.

The interpretation of a number of questions stipulates that the defendant's behavior is a serious case, and the defending opinion of the defender is accepted by the court.

The defendant, Cao, voluntarily pleaded guilty and truthfully confessed the facts of the crime, which could be given a lighter punishment.

In summary, in conjunction with the defendant's plea of guilty, the court sentenced him to one year's imprisonment and a fine of 10000 yuan.

Registered trademark logo, as a significant mark of a person or an enterprise recognized by the state and protected by law, is generally composed of figures, characters, symbols, etc. as a whole, it shows the sole attribute and brand image of the product.

In practice, it is not possible to identify the number of registered trademarks infringed by a criminal mechanically by the number of graphs or words that are manufactured or altered. Instead, we should take the registered trademark as a whole, consider the object and object of the crime, and define the circumstances of the crime.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.