Types of illegal acts:  Trademark infringement violations

Name of administrative counterpart:  Guangzhou makeup*Cosmetics Co., Ltd

Legal representative:  Chen*

Date of punishment decision:  2022-07-04

Period of validity of punishment:  2099-12-31

Deadline for publicity:  2023-07-04

Punishment authority:  Guangzhou Baiyun District market supervision and Administration Bureau

Data source unit:  Guangzhou Municipal Bureau of market supervision Guangzhou Intellectual Property Office

Administrative punishment is relatively human:   Legal person and unincorporated organization

Document No. of administrative punishment decision:  Suiyun municipal prison punishment 2022 00447number

Punishment category:  fine;Confiscation of illegal income Confiscate illegal property

Penalty amount(Ten thousand yuan): 5.04354

Illegal facts: Punishment for infringement of others' exclusive right to use registered trademarks.

Punishment content: party Guangzhou makeup*Name of main qualification certificate of Cosmetics Co., Ltd  Business license Unified social credit code ****************** residence Compiled by Xiayuan Industrial Zone, Xiamao community 1, Shijing street, Baiyun District, Guangzhou2number

Legal representative Chen*

       2022year05month20day,According to the report, our Bureau found that the party involved was suspected of producing cosmetics that infringed the exclusive right of Vaseline registered trademark,So the case was filed for investigation according to law,Simultaneously based on Trademark Law of the People's Republic of China Article 62, paragraph 1 four Provisions of item,Cosmetics suspected of infringing the exclusive right to use registered trademarks shall be punished in accordance with the law Seizure of packaging materials and labels.After investigation 2021year11month30Rihe12month08day,The party concerned produces with Vaseline Trademark white dolphin Vaseline nourishing moisturizing cream9122bottle,2022year1month15Rihe5month20day,Production belt Vaseline Trademark Katina Vaseline nicotinamide nourishing moisturizing cream13033bottle.to2022year05month20Until the day when it was seized by our bureau,Party has sold with Vaseline Trademark white dolphin Vaseline nourishing moisturizing cream9068bottle,selling price1.05element/bottle,Sold with Vaseline Trademark Katina Vaseline nicotinamide nourishing moisturizing cream4931bottle,selling price1.2element/bottle,Total sales received15438.6element.Remaining unsold with Vaseline trademark White Dolphin Vaseline nourishing moisturizing cream 50bottle have Vaseline trademark Katina Vaseline nicotinamide nourishing Moisturizer 8100Bottle and packaging materials4000individual label34The volume was seized by our bureau.Illegal business amount25217.7element.

       Used in international classification No3On commodities Vaseline trademark,It has been approved and registered by the State Trademark Office,Certificate No2023551number,Registrant Unilever Limited,Enjoy the exclusive right of trademark,Protected by law.

       Produced by the parties White Dolphin Vaseline nourishing moisturizing cream and Katina Vaseline nicotinamide nourishing Moisturizer Used on cosmetic packaging materials Vaseline Words and Unilever Limited registered No2023551No. trademark is the same,And the font is large and prominent,Unilever authorized by the trademark registrant China Limited company identification,The above cosmetics seized by our bureau are violations Vaseline Goods with exclusive right of registered trademark.

Above facts,It is mainly proved by the following evidence

1. Copy of business license and ID card

2. On site inspection record Site inspection photos and Lease contract

3. 2022011001 Batch record 2022051201 Copies of batch records and filing materials

4. 2021112501 Batch record 2021120301 Copies of batch records and filing materials

5.White Dolphin Vaseline nourishing moisturizing cream productsGF00132020442302No. inspection report GF00132020442302number

6. Inspection report of Katina Vaseline nicotinamide Zhenyang moisturizing cream GF00132021400582number

7. Packing material delivery note Finished goods warehousing order Copy of sales delivery note

8. transcript of questioning

9. Identification certificate   Power of attorney   Trademark registration certificate Other materials.

       Our bureau is on2022year06month21Serve suiyun supervision and punishment notice on the party concerned[2022]Section00353number Notice of administrative punishment ,Inform the party concerned of the fact that our bureau plans to impose administrative punishment according to law reason Basis and content,And inform the parties that they have the right to make statements in accordance with the law Right to defend,The party concerned fails to make a statement within the statutory time limit Plead.In view of the active cooperation of the parties during the investigation,Truthfully explain the illegal facts and take the initiative to provide evidence materials,accord with Provisions of Guangzhou municipal market supervision and administration department on regulating the discretion of administrative punishment Article 14 one term Actively cooperate with the market supervision and management department in the investigation,Truthfully explain the illegal facts and take the initiative to provide evidence materials Provisions of,apply Guangzhou market supervision and administration department standardizes the quantitative and detailed benchmark table of discretion of administrative punishment Select the punishment range for the specified lighter circumstances.

       The above behaviors of the parties,constitute Trademark Law of the People's Republic of China Article 57 one term Without the permission of the trademark registrant,Using the same trademark as its registered trademark on the same kind of goods The illegal act of infringing the exclusive right to use a registered trademark referred to in the provisions of.according to Trademark Law of the People's Republic of China Article 60, paragraph 2 When handled by the administrative department for Industry and Commerce,Where the infringement is established,Order immediate cessation of infringement,confiscate Destroying infringing goods and mainly used for manufacturing infringing goods Tools for forging registered trademark marks,If the illegal business amount is more than 50000 yuan, a fine of less than five times the illegal business amount may be imposed,There is no illegal business volume or the illegal business volume is less than 50000 yuan,A fine of less than 250000 yuan may be imposed Provisions of,It is decided to punish the party as follows

one Order to stop trademark infringement immediately

two confiscate Destruction violation Vaseline Exclusive right of registered trademark white dolphin Vaseline nourishing moisturizing cream50bottle Packaging material1900individual label34volume

three confiscate Destruction violation Vaseline Exclusive right of registered trademark Katina Vaseline nicotinamide nourishing moisturizing cream8100bottle Packaging material2100individual;

four fine50435.4element.The party concerned shall pay the fine at the designated bank within 15 days from the date of receiving this decision.Overdue non payment,A fine of 3% of the fine amount shall be imposed every day,And will apply to the court for enforcement.If you disagree with this decision,It can be delivered from the date of this letter60Intraday,To Guangzhou Baiyun District People's Government address Dajinzhong Road, Guangzhou25Administrative reconsideration office No,Telephone020-36500250 Apply for administrative reconsideration,It can also be delivered in this document6Bring an administrative lawsuit directly to the court with jurisdiction within months.