Recently, Yiwu Customs issued an administrative penalty decision on the export of socks for Yiwu Shangju Import and Export Co., Ltd. infringement of the trademark rights of "Nike Hook Graphics" (No.: Hangzhou Yiguanzhizi [2022] No. 0069).
Administrative Penalty Decision of Yiwu Customs of the People's Republic of China
Hangyiguanzhizi［2022￥0069
Party: Yiwu Shangju Import and Export Co., Ltd.
Certificate Name: Business License
Certificate Number: 91330782MA2DCUFEXF
Legal Representative : Mo Yiping
Address: 426
F, No. 689, Gongren North Road, Choucheng Street, Yiwu City, Zhejiang Province 426
The party declared to Yiwu Customs on June 7, 2022 to export a batch of iron railings and other goods (customs declaration form number: 292120220000325297). After verification, there were 9,600 pairs of socks marked with the "Nike Hook Graphics" in the batch of goods, and the parties could not provide authorization documents or formal purchase certificates. The trademark owner of the "Nike Hook Graphics" Nike Innovation Co., Ltd. believes that the above goods infringed the trademark rights of the "Nike Hook Graphics" filed in by the General Administration of Customs (record number: T2019-72254), and submitted an application to the customs to take measures to protect of intellectual property rights and guarantee to the customs within the specified time limit.
After investigation, I believe that the "Nike hook graphics" trademark used on the socks exported by the parties is the same as the "Nike hook graphics" trademark registered by the trademark right holder, and has not been authorized by the trademark right holder in advance. According to Article 57, item (1) of the " Trademark Law of the People's Republic of China", the above goods are goods that infringe on the exclusive right of others' trademarks, and the goods are worth RMB 48,000. The parties' export of the above goods constitutes the export of goods that infringes on the exclusive right of others' trademarks, which violates Article 44 of the " Customs Law of the People's Republic of China" and Article 3 of the " Customs Protection Regulations of the People's Republic of China" .
or above include customs export goods declaration documents, customs inspection records, rights holder intellectual property customs protection application, business license copy, inquiry records, transaction documents and other materials as evidence.
According to Article 91 of the Customs Law of the People's Republic of China and Article 25, paragraph 1 of the " Regulations on the Implementation of Customs Administrative Penalties of the People's Republic of China", it was decided to confiscate 9,600 pairs of socks marked "Nike hook graphics" and impose a fine of RMB 7,200.
According to the provisions of Articles 66, 67 and 69 of the Administrative Penalty Law of the People's Republic of China, the parties shall perform the above penalty decision within fifteen days from the date of delivery of this penalty decision.
If the parties are dissatisfied with this penalty decision, in accordance with Articles 9 and 12 of the Administrative Reconsideration Law of the People's Republic of China and Article 46 of the Administrative Litigation Law of the People's Republic of China, they may apply for administrative reconsideration to Hangzhou Customs within 60 days from the date of delivery of this penalty decision, or directly file a lawsuit with the Jinhua Intermediate People's Court within 60 days from the date of delivery of this penalty decision.
According to Article 72 of the Administrative Penalty Law of the People's Republic of China, if a fine is not paid when it expires, a fine may be imposed at three percent of the amount of the fine every day.
According to Article 93 of the Customs Law of the People's Republic of China and Article 60 of the "Regulations on the Implementation of Customs Administrative Penalties of the People's Republic of China", if the parties fail to perform the penalty decision within the deadline and apply for reconsideration of or file a lawsuit with the people's court, the customs may offset the detained goods, items, and means of transportation in accordance with the law, or pay with the guarantee provided by the parties; it may also apply to the people's court for compulsory execution.
Yiwu Customs
October 25, 2022
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