The crime of counterfeiting registered trademarks.

It is a violation of national trademark management regulations for clothing processing factories to help others imitate brands. Using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner is a serious matter. behavior.

The subjective aspect of this crime is intentionality, that is, the perpetrator knows that a certain trademark is the registered trademark of another person, and uses the same trademark on the same kind of goods without the permission of the registered trademark owner. trademark.

Generally, perpetrators of the crime of counterfeiting registered trademarks of others have the purpose of making profit. However, according to the criminal law, "for profit" is not a constitutive element of the crime of counterfeiting registered trademarks. Some acts of counterfeiting trademarks It may also be for the purpose of damaging the credibility of someone else's registered trademark.

No matter what the motive or purpose is, it does not affect the constitution of this crime. If it is due to negligence, that is, if you really do not know that the trademark you are using is a registered trademark of others, it does not constitute this crime and can be treated as a general trademark infringement.

Extended information:

Criminal Law Provisions

Article 213: Using the registered trademark on the same product without the permission of the owner of the registered trademark Whoever uses the same 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 be fined, or shall be fined alone; 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.

Article 220 If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined and the person in charge directly responsible shall be fined. and other directly responsible persons shall be punished in accordance with the provisions of each article in this section.

Baidu Encyclopedia - Criminal Law of the People's Republic of China

Baidu Encyclopedia - Crime of Counterfeiting Registered Trademarks