In Heping County, Heyuan, Guangdong, a calm afternoon was suddenly broken.
Several uniformed law enforcement officers from the Administration for Market Regulation walked into a small stationery store near the school, holding documents and staring like torches.
The shopkeeper, Lao Cheng (pseudonym), suddenly felt uneasy, he never expected that the batch of "University Appointment" pens he had entered to meet the needs of students would cause him so much trouble.
"We have received complaints and reports!" The words of law enforcement officers were like a bolt from the blue.
They scrutinized the store's wares and quickly settled on the "University Appointment" pens that were highly sought after by students.
"Do these pens have formal purchase channel evidence and power of attorney?" The question of the law enforcement officer made Lao Cheng speechless for a moment.
He explained hesitantly: "These pens are the goods I bought some time ago, and I think the style is novel and the meaning is good, and the students like it..."
However, Lao Cheng's explanation failed to convince law enforcement officials. "Sold without authorization?" The law enforcement officer solemnly pointed out that "according to the Trademark Law, the same trademark may not be used on the same kind of goods without the permission of the trademark registrant, which already constitutes trademark infringement." "
Lao Cheng was puzzled: "I buy from regular dealers, and I also have invoices, why can't I sell them?" They can sell it, why can't I? "
The law enforcement officer patiently explained: "They can sell because they have obtained the authorization of the source manufacturer or brand." You need to be authorized for distribution, otherwise it's illegal. According to the relevant regulations, a fine of 2,000 yuan will be imposed. "
It all started a few weeks ago.
At that time, many students who were about to take the college entrance examination came to Lao Cheng's shop and asked if there was a "University Appointment" pen for sale.
This kind of pen with a beautiful meaning and inspires students to work hard is quite popular among the student body.
Lao Cheng saw that there was a market demand, so he contacted Xiaolin, a stationery supplier he had cooperated with for a long time.
"Mr. Cheng, we sell this kind of pen here, and now it is selling very hot, similar to opening a blind box!" Kobayashi excitedly introduced, "Different pens correspond to different schools, which is very interesting, do you want to buy them?" "
Lao Cheng readily agreed, and soon, a batch of "University Appointment" pens were placed on his shelves.
Each is priced at 2 yuan, which is very popular among students and has considerable sales.
However, what Lao Cheng didn't expect was that his kind act would step on the red line of the law.
In the end, the Heping County Market Supervision and Administration Bureau of Heyuan City made a penalty decision on Lao Cheng: a fine of 2,000 yuan and confiscation of the products involved in the case.
This seemingly ordinary stationery store dispute actually reflects the legal risks that small and micro businesses may face in their daily operations.
Although Lao Cheng purchased from regular channels and also had invoices as evidence, as a secondary distributor, he also needed to obtain authorization from the brand owner or the source manufacturer.
This case also exposed the problem of poor communication between the various links in the supply chain. Xiao Lin, Lao Cheng's supplier, may also have a lack of legal awareness and did not inform Lao Cheng in time that he needed to apply for authorization.
For Lao Cheng, who has already been punished, the law still provides a channel for appeal.
He may, within 60 days from the date of receipt of the administrative punishment decision, apply for administrative reconsideration to the administrative organ at the next higher level or to the people's government at the same level.
In the appeal process, Lao Cheng can emphasize his lack of knowledge of the law, the fact of regular purchases, positive rectification and other factors, and strive to reduce or exempt the punishment.
This incident has sounded the alarm for the majority of small and micro businesses. When purchasing, it is necessary not only to consider the quality of the product and the market demand, but also to understand the trademark issues and authorization of the product. Signing a clear contract with suppliers and clarifying the division of responsibilities is an important means to protect their own rights and interests.
At the same time, this case has also raised questions about the way to regulate and enforce the market. For small businesses like Lao Cheng, who may have committed crimes due to lack of legal awareness, can more education and guidance be adopted instead of directly imposing fines? This may be an issue that the relevant authorities need to consider in the future law enforcement process.
In any case, this incident of "being fined 2,000 yuan for selling a pen" has become a vivid legal lesson. It reminds us that while pursuing commercial interests, it is equally important to enhance legal awareness and standardize operations. Only when every market participant respects intellectual property rights and abides by market rules can our business environment develop in a healthier and orderly manner.