It is a crime of infringement of registered trademarks and is regulated by Trademark Law, Civil Law and Criminal Law.

1. According to Article 39 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the legal liability of an infringer who infringes upon the exclusive right to use a registered trademark shall take the following specific forms:

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1. Order to stop the infringement. The specific measures include: ordering an immediate stop to sales; seizing and destroying infringing trademark signs; eliminating infringing trademarks on inventory goods; confiscating molds, printing plates and other crime tools directly used for trademark infringement; taking the first four measures is not enough to stop infringement. or if the infringing trademark is difficult to separate from the goods, order and supervise the destruction of the infringing items.

2. Fine. Those who infringe upon the exclusive right to use a registered trademark without committing a crime may be fined not more than 50% of the illegal business volume or less than 5 times the profits gained from the infringement, depending on the circumstances. A fine of not more than RMB 10,000 shall be imposed.

3. Compensate for losses. The infringer shall compensate the infringed party for its losses. However, if the registered trademark of the infringed party has been stopped for three consecutive years when the infringement case is investigated and dealt with, or has not been used since the date of registration; if the person knowingly knows that the behavior of others infringes on the exclusive right of the trademark but fails to stop it; use If a registered trademark is not marked with a registered mark, the infringed party shall not claim compensation.

2. According to the "Civil Law", in accordance with the general principles of civil law and the provisions of the general principles of my country's civil law, the constituent elements for bearing civil liability for infringement are: the infringer has committed the infringement; the infringer is subjectively at fault; the infringer has been infringed People have suffered losses; there is a causal relationship between the tort and the losses. These constituent elements also apply to liability for damages due to trademark infringement. However, there is something special about the constituent elements of liability for trademark infringement, which is that the subjective fault of the infringer and the losses suffered by the infringed party are determined based on the principles of presumption and formulation. When trademark rights are infringed, it is very difficult for the infringed party to prove the infringer's fault, the amount of losses suffered, and the causal relationship. If the principles of presumption and formulation are not adopted for fault and loss amounts, the infringed party In fact, it will not be possible to claim compensation from the infringer.

3. Criminal sanctions for trademark infringement that constitutes a crime according to the "Criminal Law"

1. According to Article 213 of the "Criminal Law", without the permission of the registered trademark owner, Anyone who uses the same trademark as his registered trademark on the same kind of goods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also be fined, or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than seven years, and shall also be fined. fine.

2. According to Article 214 of the "Criminal Law", anyone who knowingly sells goods with counterfeit trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also or solely be fined; If the amount is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

3. According to Article 215 of the "Criminal Law", whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or Control, and shall also be fined or shall be fined; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. Comparison between crimes of trademark infringement and previous crimes of trademark infringement

(1) The conviction and sentencing standards for crimes of trademark infringement have been lowered. The "Interpretation" sets the penalty standard for the crime of counterfeiting registered trademarks and selling goods with counterfeit registered trademarks as the illegal business amount (sales amount) is more than 50,000 yuan, and sets the penalty standard for the crime of illegally manufacturing and selling illegally manufactured registered trademarks. The standard is set as the illegal business amount is more than 50,000 yuan or the illegal income is more than 30,000 yuan; and in the "Economic Crime Prosecution Standards", the penalty standard for the crime of counterfeiting registered trademarks and selling goods with counterfeit registered trademarks is the illegal business amount. (Sales amount) is more than 100,000 yuan, and the penalty standard for the crime of selling illegally manufactured registered trademarks is that the illegal business amount is more than 200,000 yuan.

(2) Other serious circumstances have been added to the crime of counterfeiting registered trademarks.

The "Interpretation" stipulates that counterfeiting two or more registered trademarks with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan also falls under the "serious circumstances" stipulated in Article 213 of the Criminal Law.

(3) The sentencing standards for individual crimes and unit crimes are stipulated respectively, narrowing the gap in the amount of sentencing between the two. In the Criminal Law and the Interpretation of Counterfeit and Substandard Products Cases, there is no distinction between "individuals" and "units" in trademark infringement crimes. In the "Economic Crime Prosecution Standards", the conviction and sentencing standard for unit crimes is five times that of individual crimes. . According to the provisions of Article 14 of the "Interpretation", if an entity commits infringement of intellectual property rights, including infringement of trademark rights, it shall be convicted and sentenced at three times the conviction and sentencing standard for the corresponding individual crime stipulated in the "Interpretation". In practice, many of the same criminals have set up multiple legal entities to engage in counterfeiting and selling activities in order to avoid criminal prosecution. Some even set up different companies to carry out counterfeiting on different production lines in the same production workshop, in order to evade or mitigate the consequences. punishment. In this regard, the boundary between individual crimes and unit crimes should be strictly distinguished. If an individual establishes a company, enterprise, or institution to carry out illegal and criminal activities to commit a crime, or if a company, enterprise, or institution is established to commit crimes as its main activity, it shall not be punished as a unit crime; if others use the name of the unit to commit a crime, If the illegal proceeds are divided privately by the individual who committed the crime, he shall also be convicted and punished in accordance with the provisions of the criminal law on individual crimes.

(4) Clarify the principles of punishment for different crimes. Article 13 of the "Interpretation" stipulates that if you commit the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sell the goods with the counterfeit registered trademark, which constitutes a crime, you shall comply with the provisions of Article 213 of the Criminal Law. Convicted and punished for the crime of counterfeiting a registered trademark; if a person commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells goods with a counterfeit registered trademark knowingly knowing that they belong to others, which constitutes a crime, he shall be punished for several crimes together.

(5) The concept of “identical trademark” is clarified. Paragraph 1 of Article 8 of the "Interpretation" stipulates that the "identical trademark" specified in Article 213 of the Criminal Law refers to the registered trademark that is exactly the same as the counterfeited trademark, or is basically visually indistinguishable from the registered trademark that is counterfeited. A trademark that is sufficiently different to mislead the public. This is an expanded interpretation of “identical trademarks”. In its application, it should be noted that the so-called “basically no difference visually” means that the differences can only be discovered when counterfeit trademarks and registered trademarks are put together and carefully compared. There is a difference between "visually indistinguishable" trademarks and "similar" trademarks. The former can constitute a crime of trademark infringement, while the latter is just a general trademark infringement. To judge the difference between the two, an overall comparison and trademark The method of combining the comparison of the salient parts is to make a comprehensive judgment based on the glyphs, pronunciations, meanings of the trademarks and registered trademarks used by the perpetrator, or the composition and color of the graphics, as well as the overall structure of the text and graphics.

If your company has trademark registration, rights protection and other needs, please contact the senior trademark consultant of the Qizhidao platform for detailed consultation.