sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and fined. The crime of counterfeiting a registered trademark of 6 million yuan belongs to "the circumstances are particularly serious" as stipulated in Article 213 of the Criminal Law. It should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years with a fine < P > The crime of counterfeiting a registered trademark refers to the act of using the same trademark on the same commodity without the permission of the registered trademark owner, and the circumstances are serious.

conditions that constitute this crime:

1: the subject of this crime is the general subject, that is, any enterprise, institution or individual counterfeiting another person's registered trademark, which constitutes this crime if the circumstances reach the crime standard.

2: The object of this crime is the legitimate exclusive right of registered trademarks of others and the national trademark management order;

3: The subjective aspect of the crime is intentional, and the purpose is to make profits. Negligence does not constitute this crime.

4: The objective aspect of this crime is that the perpetrator has committed trademark counterfeiting prohibited by the Criminal Law, and the circumstances are serious.

a trademark with the same registered trademark is stipulated by law. In the trademark law, the use of the same or similar trademark on the same or similar goods without the permission of the registered trademark owner belongs to the act of counterfeiting trademarks. Specifically, the act of counterfeiting a registered trademark includes the following four acts:

1. Using the same trademark as another person's registered trademark on the same commodity;

2: using a trademark similar to the registered trademark of others on the same commodity;

3: using the same trademark as the registered trademark of others on similar goods;

4: use a trademark similar to the registered trademark of others on similar goods.

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights, selling goods that are known to be counterfeit registered trademarks, and the sales amount is more than 5, yuan, is a "relatively large amount" as stipulated in Article 214 of the Criminal Law, and should be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also or only be fined. If the sales amount is more than 25, yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks, and shall also be fined.

Legal basis

Article 213 of the Criminal Law stipulates that if a trademark identical to its registered trademark is used on the same commodity without the permission of the registered trademark owner, if the circumstances are serious, he 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 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.

Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights

Article 1 If a trademark identical to its registered trademark is used on the same commodity without the permission of the owner of the registered trademark, it is a "serious case" as stipulated in Article 213 of the Criminal Law, and it 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 only be fined:

(1)

(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 3, yuan or an illegal income of more than 2, yuan;

(3) Other serious circumstances.

In any of the following circumstances, it belongs to "especially serious circumstances" as stipulated in Article 213 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of counterfeiting a registered trademark, and shall also be fined:

(1) The amount of illegal business operation is more than 25, yuan or the amount of illegal income is more than 15, yuan;

(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 15, yuan or an illegal income of more than 1, yuan;

(3) Other particularly serious circumstances.

Article 2 Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 5, yuan, is a "relatively large amount" as stipulated in Article 214 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 selling goods with counterfeit registered trademarks, and shall also, or shall only, be fined.

if the sales amount is more than 25, yuan, it belongs to "huge amount" as stipulated in Article 214 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks, and shall also be fined.