If the registered trademarks are counterfeited, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, with or without a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

if it sells counterfeit trademarks, it shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years and shall also be fined.

Trademark infringement shall be punished in the following ways:

1. Administrative punishment. The administrative department for industry and commerce shall order the infringement to stop immediately, confiscate and destroy infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademark marks. If the illegal business amount is more than 5, yuan, a fine of less than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 5, yuan, a fine of less than 25, yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment.

2. If a crime is constituted, criminal responsibility shall be added according to the charges constituted, which may include the crime of counterfeiting a registered trademark; Crime of selling goods with counterfeit registered trademarks; Crime of illegally manufacturing and selling illegally manufactured registered trademarks.

To sum up, if the crime of counterfeiting a registered trademark is constituted, it is generally punished with fixed-term imprisonment of not more than three years and a fine or a single fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. The subject of this crime is the general subject and unit, that is, any enterprise, institution or individual who imitates the registered trademark of others and the circumstances reach the crime standard can constitute this crime.

Legal basis:

Article 213 of the Criminal Law of the People's Republic of China

Whoever uses the same trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 214th

Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.