(1) Crime of counterfeiting registered trademarks
Whoever uses a trademark identical to its registered trademark on the same commodity 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 shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Using a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, under any of the following circumstances, is a "serious case" as stipulated in Article 213 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also or shall only be fined:
(a) the amount of illegal business is more than 50 thousand yuan or the amount of illegal income is more than 30 thousand yuan;
(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan;
(3) Other serious circumstances.
Under any of the following circumstances, it is "especially serious" as stipulated in Article 213 of the Criminal Law, and the crime of counterfeiting a registered trademark shall be punished with fixed-term imprisonment of not less than three years but not more than seven years and a fine:
(a) the amount of illegal business is more than 250 thousand yuan or the amount of illegal income is more than150 thousand yuan;
(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or an illegal income of more than 100,000 yuan;
(3) Other particularly serious circumstances.
(2) The crime of forging or making a registered trademark logo of others without authorization or selling a forged or made registered trademark logo without authorization.
Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Forging, unauthorized manufacturing of another person's registered trademark logo or selling the forged or unauthorized manufacturing logo, under any of the following circumstances, belongs to "serious circumstances" as stipulated in Article 215 of the Criminal Law. For the crime of illegally manufacturing or selling the illegally manufactured registered trademark logo, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined:
(1) Forging, manufacturing or selling more than 20,000 forged or unauthorized registered trademarks, or the illegal business amount is more than 50,000 yuan, or the illegal income is more than 30,000 yuan;
(2) Forging, manufacturing or selling more than 1 10,000 forged or manufactured trademarks without authorization, or the illegal business amount is more than 30,000 yuan, or the illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
Under any of the following circumstances, it is "especially serious" as stipulated in Article 215 of the Criminal Law, and the crime of illegally manufacturing or selling illegally manufactured registered trademarks shall be punished with fixed-term imprisonment of not less than three years but not more than seven years and a fine:
(1) Forging, manufacturing or selling forged or manufactured registered trademark logos without authorization, with an amount of more than100,000, or with an illegal business amount of more than 250,000 yuan, or with an illegal income of more than150,000 yuan;
(2) Forging, manufacturing or selling more than 50,000 pieces of two or more registered trademarks forged or manufactured without authorization, or the illegal business amount is more than 150,000 yuan, or the illegal income is more than 100,000 yuan;
(3) Other particularly serious circumstances.
(3) Crime of selling goods with counterfeit registered trademarks
Whoever knowingly sells goods with counterfeit registered trademarks in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, belongs to the "relatively large amount" stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.
If the sales amount is more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.