To correct the question of the questioner, the possible patent name is "hand-held buckle" without a trademark name. After a preliminary search, the utility model patent application has been authorized by a company in Dongguan City, and the application (patent) number is: CN200920194730.4 Application date: 2009.09.14
However, the patent rights were terminated due to failure to pay the annual fee, and the termination date was: 20120914.
In addition, Article 28 of my country's "Regulations for the Implementation of the Patent Law" states that a brief description of the design shall state the design points of the product using the design, the requested color, omitted views, etc. The brief description must not use commercial promotional language or describe the performance of the product.
According to Article 63 of the Patent Law, anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the patent management department to make corrections and make an announcement. The illegal gains shall be confiscated and may be punished with four penalties for the illegal gains. times; if there is no illegal income, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
According to Article 84 of the Implementing Rules of the Patent Law, the following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Before the patent is granted, Patented products or their packaging are marked with a patent logo, and after the patent right is declared invalid or terminated, the patent logo is continued to be marked on the product or its packaging, or another person's patent number is marked on the product or product packaging without permission;
(2) Selling the products mentioned in item (1);
(3) Referring to technologies or designs that have not been granted patent rights as patented technologies or patents in product manuals and other materials Design, calling a patent application a patent, or using someone else's patent number without permission, causing the public to mistake the technology or design involved as a patented technology or design;
(4) Forgery or alteration Making patent certificates, patent documents or patent application documents;
(5) Other behaviors that confuse the public and mistake unpatented technology or designs for patented technologies or patented designs.
If a patented product, a product directly obtained by a patented method, or its packaging is marked with a patent logo in accordance with the law before the patent right expires, and if the product is promised or sold after the patent right is terminated, it does not constitute patent counterfeiting.
Anyone who sells products that are not known to be counterfeit patented products and can prove the legal origin of the product will be ordered to stop selling by the patent management department, but will be exempted from fines.