It is forbidden to indicate what liability is borne by illegal advertisements of well known trademar

The amendment stipulates that "producers and operators shall not use the words 'well-known trademark' on goods, commodity packaging or containers, or in advertising, exhibitions and other commercial activities", and violators "shall be ordered to make corrections and fined 100,000 yuan by the local administrative department for industry and commerce".

Illegal advertising such as printing a well-known trademark on the outer packaging shall bear the penalty of a fine of 100,000 yuan.

The newly revised Trademark Law of the People's Republic of China came into force on May 1, 2014. Article 53 stipulates the penalties for the illegal use of well-known trademarks.

Article 53: Where the provisions of paragraph 5 of Article 14 of this Law are violated, the local administrative department for industry and commerce shall order corrections and impose a fine of 100,000 RMB.

Interpretation of this Article] This article consists of 1 paragraph, which stipulates penalties for the illegal use of "well-known trademarks".

1. Regarding the revision of this article, this article is a new provision added in this amendment.

In order to maintain the market order of fair competition, the amendment clarifies the implementation of case-by-case identification and passive protection of well-known trademarks in the chapter of General Provisions, and stipulates that producers and operators shall not use the words "well-known trademarks" in commodities and commodity packaging. Therefore, it is necessary to stipulate corresponding penalties for the illegal use of "well-known trademarks".

II. Penalties for Illegal Use of "Well-known Trademarks".

The determination of "well-known trademark" is a confirmation of facts, and should only be valid for the case in dispute. However, some owners of the exclusive right to use registered trademarks, after their trademarks have been recognized as "well-known trademarks" in specific cases, use "well-known trademarks" everywhere and exaggerate the quality of their goods or services that have been recognized by the state, thereby misleading consumers and hindering fair competition. In view of this situation, paragraph 5 of Article 14 of this Law clearly stipulates that producers and operators shall not use the words "well-known trademark" on goods, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

Therefore, the use of the words "well-known trademark" on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities in violation of this provision constitutes an illegal act under this article. In accordance with the provisions of this article, the local administrative department for industry and commerce shall order corrections and impose a fine of 100,000 yuan on the illegal act.

1. Copying, imitating, or translating a well-known trademark that is not registered in China by another person, and is used in a commercial product (including services) that is identical to or similar to the well-known trademark, which is likely to cause confusion.

2. Copying, imitating or translating the well-known trademark of another person that has been registered in China for goods (including services) that are not identical or similar to the well-known trademark, which misleads the public and causes the interests of the registrant of the well-known trademark to be harmed.

Legal basis] Article 13 of the Trademark Law, if the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may apply for protection of a well-known trademark in accordance with the provisions of this Law. If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

Hello, to your question, my answer is, no, it will be enforced. According to Article 51 of Chapter 6 of the Administrative Punishment Law of the People's Republic of China, where a party fails to perform an administrative punishment decision within the time limit, the following measures may be taken against the administrative punishment decision: (1) Where the fine is not paid when it is due, an additional fine of 3% of the amount of the fine shall be imposed per day; (2) In accordance with the provisions of law, auction off sealed or seized property or transfer frozen deposits to offset fines; (3) Apply to the people for compulsory enforcement.

Article 52: Where parties truly have financial difficulties and need to postpone or pay fines in installments, payment may be suspended or paid in installments upon application and approval by the parties.