Current location - Trademark Inquiry Complete Network - Trademark inquiry - Standards for Filing Cases of Counterfeiting and Selling Counterfeiting
Standards for Filing Cases of Counterfeiting and Selling Counterfeiting

The specific standards for registration of counterfeit production and sale are as follows:

1. The sales amount of counterfeit and shoddy products exceeds 50,000 yuan;

2. The counterfeit and shoddy products have not yet been sold, and the goods are The value of the counterfeit and inferior products exceeds 150,000 yuan;

3. The sales amount of counterfeit and inferior products is less than 50,000 yuan, but after multiplying the sales amount by three times, the total value of the counterfeit and inferior products that have not yet been sold is 15 For more than 10,000 yuan, the details are as follows:

(1) Impurities or foreign matter are mixed into the product, causing the product quality to fail to meet the quality requirements stipulated in national laws, regulations or product express quality standards, reducing or losing its application. Have usability;

(2) Pass off a product that does not have a certain usability as a product with the usability;

(3) Pass off a low-grade or low-grade product High-grade, high-grade products, or combined and assembled with defective or used parts and components to pass off as genuine or new products.

Legal basis: Article 215 of the "Criminal Law of the People's Republic of China"

Illegal manufacturing and selling of illegally manufactured registered trademarks and logos Counterfeiting and unauthorized manufacturing of others Whoever registers a trademark or sells a counterfeit or unauthorized registered trademark shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined .

Article 214

The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, shall be punished. The offender shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely fined; if the amount of illegal income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently fined.