Generally, the crime of counterfeiting trademarks is sentenced to fixed-term imprisonment of less than three years and fined. Generally, it is a particularly serious circumstance that the amount of counterfeiting registered trademarks reaches one million. Generally, it is sentenced to fixed-term imprisonment of three to seven years, and probation can only be applied to fixed-term imprisonment of less than three years. If there is no lighter or mitigated punishment, the possibility of probation is not great. For recidivists and ringleaders of criminal groups, probation is not applicable.

The constitutive requirements of the crime of counterfeiting a registered trademark are as follows:

1. The subject of the crime is the general subject, that is, any enterprise, institution or individual counterfeiting another person's registered trademark, which constitutes the crime if the circumstances meet the criminal standards;

2. The infringed object is the legitimate exclusive right to use a registered trademark of others and the national trademark management order;

3. Subjectively, it is intentional and for profit. Negligence does not constitute the crime;

4. Objectively speaking, the behavior of counterfeiting trademarks, which is prohibited by the Criminal Law, was committed by the perpetrator, and the circumstances were serious.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China

The crime of counterfeiting a registered trademark uses the same trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or 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 ten years and shall also be fined.