It is reasonable to set up a factory by yourself and be fined by the police station for not having a

is unreasonable. There are two problems:1Why you are fined for not having a registered trademark; 2.Why is the fines imposed not by the Market Supervision and Administration Bureau, but by the police station.

1) According to Article 4 of the Trademark Law, if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration.

Trademark registration is voluntary, so there should be no fine for not having a registered trademark.

2) In accordance with the Trademark Law

Article 2 The Trademark Office of the Administration for Industry and Commerce shall be in charge of the registration and management of national trademarks.

Article 52 Where an unregistered trademark is used as a registered trademark, or where the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it, and may impose a fine of not more than 20 percent of the illegal business turnover if the illegal business turnover is more than 50,000 yuan, and may impose a fine of not more than 10,000 yuan if there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan.

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 yuan.

According to the relevant provisions, it can be seen that the trademark administration department should be the industrial and commercial bureau (now the Administration for Market Regulation), not the police station.

Therefore, it is not legal in principle.

Irrationality. There will be no penalty for not registering a trademark. Maybe you're making a product that's infringing

Trademark registration application, the company went out of business. What about trademarks? Today, Juno Zhengxin Intellectual Property will analyze the bankruptcy of enterprises and what to do with trademarks?

First: Transfer.

If the enterprise goes bankrupt due to poor management, it can transfer the trademark under its name to another company or self-employed person before it is cancelled, and apply to the Trademark Office together with the assignee.

Second: transfer.

If the company has not transferred the trademark before the cancellation, and has already decided on the ownership, the enterprise can transfer the trademark by way of transfer. What is transfer and what is the difference between it and transfer?

The transfer of a registered trademark is mainly due to the extinction of the subject of the trademark right and the succession of the trademark right by its successor. There are two situations here: one is that the trademark owner is a natural person, and its heirs inherit its registered trademark in accordance with the relevant provisions of the Inheritance Law, and then it needs to be transferred; Second, if the enterprise that is the owner of the trademark goes bankrupt or is merged or merged, the trademark right is inherited by the merged or merged enterprise.

What we are talking about is the second type of this, when the applicant for trademark registration is a company.

The company needs to be transferred within one year after the cancellation, and if it is not handled for more than one year, if someone applies for cancellation of your trademark, the trademark is easy to be cancelled.

If the company does not transfer the trademark at the time of cancellation and does not decide on the ownership, all shareholders of the original company shall dispose of the property omitted from the company's cancellation and liquidation. If you want to transfer the trademark, you can file an application for trademark transfer by the liquidation organization or department that accepts the property of the enterprise.

Third: Auctions.

On the one hand, the trademark is idle, and on the other hand, it is difficult to apply for a trademark. In the face of this situation, trademark auctions have gradually become popular in recent years. In 2008, due to the melamine incident, Sanlu, a dairy company in Shijiazhuang, Hebei Province, suffered bankruptcy, and its brand assets were auctioned, and the mysterious buyer won the bid for 7.3 million yuan.

After 4 years of silence, Sanlu reappeared as an organic coarse grain.

In December 2016, 35 registered trademarks of the bankrupt company Guangdong Yinbai Innovation Aluminum **** were auctioned publicly, and the final transaction was 5.02 million yuan, which was 10 times the appraisal price!

Therefore, once the enterprise goes bankrupt, the trademark auction is a good way to realize, but the final transaction is closely related to the popularity and reputation of the brand and the trademark itself. Of course, the auction is also a type of transfer, don't forget to go to the Trademark Office to go through the transfer procedures.

Fourth: Write-off.

Of course, even if you do not voluntarily cancel the registered trademark, after the expiration of the validity period of the registered trademark, if you do not file an application for renewal within the grace period prescribed by law, it will be cancelled by the Trademark Office.

According to Article 14 of the Measures for the Investigation and Punishment of Unlicensed Business Operations, the administrative department for industry and commerce shall ban unlicensed business activities in accordance with the law and confiscate illegal gains; Where the criminal law is violated, criminal responsibility shall be pursued in accordance with the provisions of the Criminal Law on the crime of illegal business operation, the crime of major liability accidents, the crime of major labor safety accidents, the crime of causing accidents with dangerous goods or other crimes; where it is not sufficient for criminal punishment, a fine of up to 20,000 yuan is to be imposed; where the scale of unlicensed business activities is relatively large and the harm to society is serious, a fine of between 20,000 and 200,000 RMB is to be imposed; Where unlicensed business activities endanger human health, have major potential safety hazards, threaten public safety, or damage environmental resources, the tools, equipment, raw materials, products (commodities) and other property specially used to engage in unlicensed business operations shall be confiscated, and a fine of between 50,000 and 500,000 RMB shall be imposed.

Where laws and regulations provide otherwise for the punishment of unlicensed business operations, follow those provisions. ”

If you are not registered, it is an illegal business, and it is not recognized by the law, and of course you will be fined.

Dizzy,,If you don't register, you'll definitely be fined.。

Failure to register is an illegal operation, and it is natural to be punished.

Trademark Law: Article 48 Any person who commits any of the following acts in the use of an unregistered trademark shall be stopped by the local administrative department for industry and commerce, and shall be corrected within a time limit, and may be notified or fined: Jishan.

1) Passing off a registered trademark;

2) Violating the provisions of Article 10 of this Law;

3) Shoddy manufacturing, shoddy and good, deceiving consumers.

Regulations for the Implementation of the Trademark Law: Article 42.

In accordance with the provisions of Articles 45 and 48 of the Trademark Law, the amount of the fine imposed shall be less than 20 times the illegal business turnover or less than 2 times the illegal profit. In accordance with the provisions of Article 47 of the Trademark Law, the amount of the fine imposed shall be less than 10 of the illegal business revenue.

If you said "use an unregistered trademark", you should have marked the word r or "note" on the trademark, and the industrial and commercial bureau came to check you.

Use an unregistered trademark", that is, use an unregistered trademark as a registered trademark, right?

According to Article 48 of the Trademark Law, "the use of an unregistered trademark shall be stopped by the local administrative department for industry and commerce, and may be notified or fined

1) Passing off a registered trademark; …

"In accordance with the provisions of Articles 45 and 48 of the Trademark Law, the amount of the fine imposed shall be less than 20 times the illegal business turnover of the Department of Tourism or less than 2 times the illegal profits." ”

What kind of goods are you producing, the country's requirements for some goods are that you must use registered trademarks, or your trademark has not been registered, and you directly use the registered trademark book on your goods to mark "@", so you should be clear and white.

According to Article 215 of the Criminal Law, whoever forges or manufactures another person's registered trademark logo without authorization, or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

How to punish the counterfeiting of trademark registration certificate.

The punishment for the falsification of trademark registration certificate is as follows: according to the provisions of the Criminal Law of the People's Republic of China, if the circumstances are serious, the person who forges or manufactures the registered trademark logo of another person without authorization or sells the counterfeit or unauthorized registered trademark logo shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

How to punish the illegal manufacture of registered trademark logos.

Criminal Law of the People's Republic of China

Article 215 [Crime of Illegally Manufacturing or Selling Illegally Manufactured Registered Trademark Logos] Whoever forges or manufactures another person's registered trademark logo without authorization or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

How to punish the illegal manufacture and sale of registered trademarks.

Criminal Law of the People's Republic of China

Article 210 [Crime of Illegally Manufacturing or Selling Illegally Manufactured Registered Trademark Logos] Whoever forges or manufactures another person's registered trademark logo without authorization or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

How to punish the illegal manufacture of registered trademark logos.

Criminal Law of the People's Republic of China

Article 215 [Crime of Illegally Manufacturing or Selling Illegally Manufactured Registered Trademark Logos] Whoever forges or manufactures another person's registered trademark logo without authorization or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

How to punish the crime of illegal manufacturing and sales of illegal manufacturing registrars.

Where the circumstances are serious, the offender shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.