How to sentence and fine the crime of selling counterfeit trademarks
1. The filing standards for the crime of selling goods with counterfeit registered trademarks: According to regulations, the filing standards for the crime of selling goods with counterfeit registered trademarks are as follows: Counterfeiting According to Article 213 of the Criminal Law, a person who registers a trademark shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and impose a fine. 1. The sales amount reaches more than 50,000 yuan; 2. The goods have not yet been sold, but the value of the goods exceeds 150,000 yuan; 3. The sales amount is less than 50,000 yuan, but the sales amount is equal to the value of the unsold goods** *The total amount reaches more than 150,000 yuan.
2. The sentencing standards for selling goods that are knowingly counterfeit registered trademarks are as follows: 1. If the sales amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall be fined alone. 2. Sales amount If the amount is huge, 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. Among them, if the sales amount is more than 50,000 yuan, the sales amount is large; if the sales amount is more than 250,000 yuan, the sales amount is huge.
3. Identification of the crime of selling goods with counterfeit registered trademarks. According to the criminal composition of the crime of selling goods with counterfeit registered trademarks, negligent sales of goods with counterfeit registered trademarks and intentional sales of goods that do not belong to the same category as goods with registered trademarks products and intentionally sell goods with counterfeit registered trademarks. If the sales amount is not large and the social harm is relatively small and does not constitute a crime, it should be dealt with in accordance with the provisions of Article 44 of the Trademark Law. The specific legal penalties for criminal suspects involved in the crime of selling counterfeit trademarks vary depending on the specific circumstances. If the amount involved is relatively large, the penalties will be more severe.