According to Article 213 of the Criminal Law of the People's Republic of China and the People's Republic of China, if a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, and the circumstances are serious, The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Article 214 Anyone who 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 solely be fined; if the sales amount is huge; , 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 215 Whoever forges or manufactures without authorization a registered trademark of another person or sells a forged or unauthorized registered trademark shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be sentenced to Or a fine alone; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

According to Article 67 of the Trademark Law of the People's Republic of China, using the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime. In addition to compensation, In addition to the losses suffered by the infringed party, criminal liability shall be pursued in accordance with the law.

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.

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Case: Suspected of trademark infringement? A counterfeit brand cornstarch manufacturer in Nanning was seized

On the morning of May 11, located on Beiji South Road A manufacturer of counterfeit Dutch "Windmill" brand cornstarch was discovered by Nanning industrial and commercial law enforcement officers. At the scene, there were as many as three versions of the fake outer packaging. What also surprised the law enforcement officers was that ordinary cornstarch, a filling machine and a scale constituted an "imported enterprise."

The manufacturer of counterfeit Dutch Windmill brand cornstarch is not large in area, and its warehouse and production room are all in the same place. During on-site enforcement, staff from the Dutch Windmill Brand Shanghai Agency identified the fakes and cooperated with the Nanning Municipal Industrial and Commercial Bureau’s Economic Inspection Detachment in the investigation.

After identification, the goods stacked in the warehouse were all fake. A staff member of the Shanghai organization of the Dutch Windmill brand said that the most obvious difference is that after August 2015, the cornstarch of the Dutch Windmill brand was marked with a QR code, while the outer packaging of these fake products was not.

In addition, the windmill design of the trademark pattern on the packaging bag is also different. The authentic windmill has 4 blades, while the fake one has 5 blades. The Dutch windmill brand originated in 1867, and the fakes are designed with the year 1987 on them. In order to look like the real thing, some fake products also directly "clone" the outer packaging design of the genuine product. At the scene, law enforcement officers found as many as three versions of the "bad goods" packaged on the outside.

Law enforcement officers discovered that there was a filling machine and a scale at the scene. There was unfinished cornstarch on the filling machine, and the scale was also powered on. Some bags that were too late to contain powder were put aside.

Although the machine was not running, through these items, the law enforcement officers also understood the general "production" process of the manufacturer - the manufacturer purchased the recycled powder from the market, then filled it into bags and passed it through the scale. In this way, a fake imported brand of cornstarch is "concocted". Since it is a fake, it is understandable that there is not enough scale. A package of cornstarch weighing 25 kilograms on the spot actually weighs 20 kilograms.

It is understood that the manufacturer was registered in February 2015 and has been in existence for more than two years. Staff of the Shanghai organization of the Dutch windmill brand said that they only recently received reports from some merchants.

The person in charge of the manufacturer pointed out that he also owns two trademarks and even has a windmill graphic work registration certificate issued by the National Copyright Office. After inspection by law enforcement officers, the trademark registration certificate was: Guitai Windmill and Guitai.

The packaging bag was tampered with, using its own trademark on the front, but stating the country of origin as the Netherlands on the back, and using someone else’s company address. These are all counterfeit products, and are also suspected of infringing on someone else’s trademark rights. .

The law enforcement officer explained, “In layman’s terms, it means ‘similar to famous brands’, and infringements are mostly caused by the use of high imitations or similar trademarks.”

For the “Windmill” graphic work registration certificate issued by the National Copyright Office presented by the manufacturer , law enforcement officials believe that this is only the recognition of a design pattern and does not represent the registered trademark rights of the State Administration for Industry and Commerce.

On that day, He Changxi, deputy leader of the Economic Inspection Detachment of the Nanning Municipal Administration for Industry and Commerce, introduced that after counting, there were about 290 packages of bagged cornstarch suspected of infringement. According to the relevant regulations of the Trademark Law, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of 250,000 yuan may be imposed. the following fines.

People's Daily Online - A counterfeit brand cornstarch manufacturer in Nanning was seized for suspected trademark infringement