Legal analysis: Trademark infringement is suspected of constituting the crime of counterfeiting registered trademarks. The specific sentencing is: 1. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; 2. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined.
Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts is an infringement of the exclusive right to register a trademark:
(1) ) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Using the same kind of trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;
(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Giving Other damages caused by the exclusive right to use registered trademarks of others.
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, if the circumstances are serious, the person shall be punished. 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 10 years, and shall also be fined.