There are three main crimes in the criminal protection of well-known trademarks in China: the crime of counterfeiting registered trademarks, the crime of selling counterfeit registered trademarks and the crime of illegally manufacturing and selling illegally manufactured registered trademarks. The subjects of these three kinds of crimes are general subjects, that is, people who have reached the age of criminal responsibility and have the ability of criminal responsibility. Units can also constitute this crime.

legal ground

Article 2 13 of the criminal law

Whoever uses a trademark identical to its registered 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 2 14

Whoever knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, 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 10 years and shall also be fined.