According to relevant laws and regulations, those who approach well-known brands will bear the following consequences:
1. fine: if the operator uses the unique name, packaging and decoration of a well-known commodity without authorization, or uses the name, packaging and decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities, so that the buyer mistakenly thinks it is the well-known commodity, the supervision and inspection department will order the actor next to the well-known brand to stop the illegal act, confiscate the illegal income, and impose illegal income on the actor according to the specific loss or actual income of the owner of the well-known brand.
2. Revocation of trademarks: Some trademarks that have been "legally used" for two or three years can finally be registered by luck. However, if the actor imitates the logo of a famous trademark, it will constitute unfair competition, so even the trademark that was registered by luck before will be revoked.
If a registered trademark is spliced into a famous trademark, but it is actually improperly used, then the registered trademark will be revoked by the Trademark Office because of improper use;
3. Revocation of business license: A merchant with a famous brand may apply to the enterprise name registration authority for cancellation of enterprise name registration if he thinks that others may deceive the public or cause misunderstanding to the public by registering his well-known trademark as the enterprise name;
4. Fixed-term imprisonment or criminal detention, with or without a fine. Those who are close to famous brands, who use famous brands to sell fake and inferior commodities, adulterate them, pass fake products off as genuine ones, and pass substandard products off as qualified products, shall be subject to criminal responsibility according to the sales amount:
(1) Whoever sells more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount;
(2) Whoever sells more than 200,000 yuan but less than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount;
(3) If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined not less than 50% but not more than two times the sales amount;
(4) Whoever sells more than 2 million yuan shall be sentenced to fixed-term imprisonment of not more than 15 years or life imprisonment, and shall be fined not less than 50% but not more than 2 times the sales amount, or his property shall be confiscated.
To sum up, alongside famous brands is a phenomenon of trademark infringement and unfair competition, and alongside famous brands is one of the most commonly used means of unfair competition in the market, which is prohibited by China's anti-unfair competition law.
Legal basis:
Article 6 of People's Republic of China (PRC) Anti-Unfair Competition Law
Business operators shall not commit the following confusing acts, which make people mistakenly think that they are other people's goods or have specific connections with others:
(a) unauthorized use of the same or similar signs such as commodity names, packaging and decoration that have certain influence on others;
(2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others;
(three) unauthorized use of domain names, website names, web pages and other major parts. , have a certain influence on others;
(four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others.
Article 51
Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 1 10,000 yuan may be imposed.
Article 52
Where an unregistered trademark is used as a registered trademark, or an unregistered trademark is used in violation of 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. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 1 10,000 yuan may be imposed.
Article 53
In violation of the provisions of the fifth paragraph of Article 14 of this Law, the local administrative department for industry and commerce shall order it to make corrections and impose a fine of100,000 yuan.
Article 54
If a party refuses to accept the decision of the Trademark Office to revoke or not to revoke a registered trademark, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.
Article 9 of the Trademark Law of People's Republic of China (PRC)
The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
Trademark registrants have the right to indicate "registered trademarks" or registration marks.
Article 67
Without the permission of the trademark registrant, if a trademark identical to its registered trademark is used on the same commodity, which constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed party.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.