Nanjing a trading company exported goods infringing “FAG” trademark rights were administrative penalties

Recently, Shenzhen Dapeng Customs issued an administrative penalty decision on the export of bearings infringing the trademark of “FAG” by Nanjing Yunyi Chain Import & Export Trading Co.

exported goods infringing "FAG" trademark rights were administrative penalties

The people’s Republic of China Dapeng Customs on
Nanjing Yunyi Chain Import & Export Trading Co.
Export infringement of “FAG” trademark bearing case administrative penalty decision letter
Shenzhen Pengguan know penalty word (2022﹞0094)
Party: Nanjing Yunyi Chain Import & Export Trading Co.
Legal representative: Mother Wen
Unified Social Credit Code: 91320114MA25T8KR3W
On August 18, 2022, the party entrusted Shenzhen Guanxiangtong International Freight Forwarding Co., Ltd. to declare the export of wireless chargers and other goods to Ukraine to Dapeng Customs in the form of B2B direct export of cross-border e-commerce, customs declaration number: 531620220161583209.

(Photo source network, not related to this article)

After inspection by Dapeng Customs, it was found that there were 1012 undeclared bearings marked with the trademark “FAG” in the actually exported goods.
The value of the above goods was identified as RMB 20,240.
The right holder, Schaeffler Technology Corporation, considered the above goods as infringing the trademark right of “FAG” (customs record number: T2013-29673) and applied to the Customs for intellectual property protection measures.
After investigation, we believe that you (unit) without the permission of the right holder, in the above-mentioned goods without permission marked on the trademark of others, according to the “Trademark Law of the People’s Republic of China” Article 57 (1), your export of the above goods has constituted an act of infringement of the exclusive right of others to trademark.
The above facts are evidenced by the export goods declaration and accompanying documents, customs inspection records, the actual export of goods, “Detention Decision”, “Detention List”, “Detention Site Transcript”, the right holder to take measures to protect intellectual property rights, the price appraisal opinion, the situation statement, etc.
According to the provisions of Article 91 of the Customs Law of the People’s Republic of China and Article 25(1) of the Regulations of the People’s Republic of China on the Implementation of Customs Administrative Penalties, I decided to impose the following administrative penalties on the parties.
Confiscate the above infringing goods and impose a fine of RMB 4,000 yuan.
According to the provisions of Article 66 and Article 67 of the Administrative Punishment Law of the People’s Republic of China, the person concerned shall fulfill the above-mentioned penalty decision within fifteen days from the date of service of this penalty decision.


If the party concerned does not accept this penalty decision, he/she may apply to Shenzhen Customs for administrative reconsideration within sixty days from the date of service of this penalty decision, or file an administrative lawsuit directly with Shenzhen Intermediate People’s Court within six months from the date of service of 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 Procedure Law of the People’s Republic of China.
According to Article 72 of the Administrative Punishment Law of the People’s Republic of China, if the person concerned does not pay the fine at the due date, the Customs may impose an additional fine at the rate of three percent of the fine amount per day, and the amount of the additional fine shall not exceed the fine amount.
According to the provisions of Article 93 of the Customs Law of the People’s Republic of China, if the person concerned fails to fulfill the penalty decision and does not apply for reconsideration or file a lawsuit with the People’s Court, the Customs may apply to the People’s Court for compulsory enforcement.
October 28, 2002
(Source: China Quality News Network)

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