1. Answer positively

Whoever uses the same trademark as his registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall 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, 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. The object of the crime is a complex object, which not only infringes on the exclusive rights of others to register trademarks, but also infringes on national trademark management activities.

2. Analysis of details

Counterfeiting someone else’s registered trademark is a serious trademark infringement. Anyone can complain and report to the industrial and commercial administration or the People’s Procuratorate. For those who counterfeit others' registered trademarks, and the circumstances are serious and constitute a crime, in addition to compensating the infringer for the damage, he will be held criminally responsible according to law.

3. The difference between the crime of counterfeiting trademarks and general trademark infringements

General trademark infringements refer to those that are quickly stopped once discovered and have not caused serious consequences or are not harmful. infringement. The crime of counterfeiting trademarks must be committed when the act of counterfeiting trademarks is carried out and the circumstances are serious. The so-called serious circumstances refer to cases where the counterfeit product has caused personal injury, where the counterfeiter has repeatedly refused to obey, where the scale of counterfeiting is large and lasts for a long time, where the amount of illegal profits gained from counterfeiting is relatively large, where the means of counterfeiting are egregious, and where the counterfeiting has caused serious consequences. The counterfeiters have formed a gang or group, produced or sold other people's registered trademarks without authorization, made large profits, used bad methods, refused to change despite repeated admonitions, and had extremely bad effects.