Please refer to the relevant provisions of the "Criminal Law" and "Trademark Law":

(1) The crime of counterfeiting a registered trademark

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 three years or criminal detention, and shall also or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined gold.

Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, and any of the following circumstances falls into the category of "serious circumstances" stipulated in Article 213 of the Criminal Law , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting registered trademarks, and shall also or solely be fined:

(1) The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan ;

(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan;

(3) Other circumstances Serious situation.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting registered trademarks :

(1) The amount of illegal business operations is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan;

(2) Counterfeiting two or more registered trademarks, The amount of illegal business operations is more than 150,000 yuan or the amount of illegal income is more than 100,000 yuan;

(3) Other particularly serious circumstances

(2) Forgery and unauthorized manufacturing The crime of using another person’s registered trademark or selling a counterfeit or unauthorized registered trademark.

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 three years, criminal detention or surveillance, and shall also or solely be fined; If the offense is particularly 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.

Forgery or unauthorized production of registered trademarks of others, or sale of counterfeit or unauthorized registered trademarks, and any of the following circumstances, constitutes a "serious circumstance" stipulated in Article 215 of the Criminal Law, and shall be Those who are guilty of illegally manufacturing or selling illegally manufactured registered trademarks shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined:

(1) Counterfeiting, unauthorized manufacturing or selling forged or unauthorized manufacturing The number of registered trademarks and logos is more than 20,000, or the amount of illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 30,000 yuan; Producing two or more registered trademarks without authorization and the quantity exceeds 10,000, or the amount of illegal business operations exceeds 30,000 yuan, or the amount of illegal income exceeds 20,000 yuan;

(3) Other serious circumstances situation.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 215 of the Criminal Law and shall be sentenced to not less than three years and seven years for the crime of illegally manufacturing and selling illegally manufactured registered trademarks. The following shall be punished with fixed-term imprisonment and shall also be fined:

(1) Counterfeiting, manufacturing without authorization, or selling registered trademarks with a quantity of more than 100,000, or illegal business amount exceeding 250,000 yuan , or the amount of illegal income is more than 150,000 yuan;

(2) Counterfeiting, manufacturing without authorization, or selling forged or manufacturing two or more registered trademarks without authorization, the number of which is more than 50,000, or the amount of illegal business operations The amount of illegal income exceeds 150,000 yuan, or the amount of illegal income exceeds 100,000 yuan;

(3) Other particularly serious circumstances.

(3) Crime of selling counterfeit registered trademarks

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 be sentenced to or A single fine shall be imposed; 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.

Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, shall be punished by a fine. If the "amount is relatively large" as stipulated in Article 214 of the Criminal Law, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also be fined or shall be fined alone.

If the sales amount is more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks. Imprisonment and a fine.

Article 67 of the "Trademark Law" If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, the infringed party shall be compensated in accordance with the law. Pursuing criminal liability.

If a person forges or manufactures other people’s registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.

Whoever knowingly sells goods with counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for losses, he will also be held criminally responsible in accordance with the law.

Article 68 If a trademark agency commits any of the following acts, the industrial and commercial administrative department shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than RMB 10,000 but not more than RMB 100,000; those directly responsible shall be The person in charge and other persons directly responsible shall be given a warning and fined not less than RMB 5,000 but not more than RMB 50,000; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

(1) During the process of handling trademark matters, forgery or alteration is Creating or using forged or altered legal documents, seals, or signatures;

(2) Using methods such as slandering other trademark agencies to solicit trademark agency business or using other improper means to disrupt the order of the trademark agency market ;

(3) Violating the provisions of paragraphs 3 and 4 of Article 19 of this Law.

If a trademark agency commits any act specified in the preceding paragraph, it shall be recorded in the credit file by the industrial and commercial administration department; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting the trademark agency business and make an announcement. .

If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with its articles of association.

Legal basis:

Article 69, 70, Article 71 Article 213, 214, and 215 of the Criminal Law of the People's Republic of China