Certification mark is a quality mark that quality certification bodies allow qualified enterprises to use on product packaging. Article 9 of the Product Quality Law stipulates: The state shall implement the product quality certification system with reference to the international advanced product standards and technical requirements. Enterprises may, on a voluntary basis, apply for product quality certification to a certification body recognized by the product quality supervision and administration department of the State Council or the department authorized by the product quality supervision and administration department of the State Council. After passing the certification, the certification body will issue a quality certification certificate, allowing enterprises to use the product quality certification mark on their products or packaging. ? The product quality certification mark is a legal system for the state to supervise the product quality, and the products using the certification mark must be certified products. Illegal acts of forging or fraudulently using certification marks usually include:
(1) Where the product quality certification system is not implemented, the business operator forges the certification mark on the product or its packaging; (two) the operator did not apply for certification to the product quality certification body and used the certification mark;
(three) although the operator applies for certification to the product quality certification body, but fails to pass the certification, he uses the certification mark without authorization; (four) other illegal acts of forgery or fraudulent use of certification marks. Famous brand mark is a kind of quality honor mark issued by international or domestic relevant institutions or social organizations as famous brand products to operators.
The illegal acts of forging or fraudulently using famous trademarks usually include:
(a) without the identification of brand-name products, operators use forged brand-name signs on commodities;
(two) although the organization of brand-name products appraisal, but the operator did not participate in the appraisal, but unauthorized use of brand-name signs on the goods; (three) although the operator participated in the selection of brand-name products, but was not rated as a brand-name product;
(four) the product whose title has been cancelled, and the operator continues to use the famous logo;
(five) low-grade famous products, operators use high-grade famous signs without authorization;
(six) other acts of counterfeiting or fraudulent use of famous signs. In addition to certification marks and brand-name marks, there are other marks indicating product quality or honor. The Product Quality Law stipulates that producers and sellers shall not forge or falsely use quality marks such as certification marks and brand-name marks. The provisions of the Anti-Unfair Competition Law are consistent with those of the Product Quality Law. When the operator forges or fraudulently uses quality marks such as certification marks and brand-name marks, the product quality law will eventually be applied for qualitative punishment.
trademark act