Counterfeiting a registered trademark and making a profit of 140,000 yuan has been suspected of the crime of counterfeiting a registered trademark. If the circumstances are serious, the criminal suspect will be sentenced to fixed-term imprisonment of not more than three years by the People's Court, and may also be fined or alone. 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 ten years, and shall also be fined.
How to determine the amount of the crime of selling goods with counterfeit registered trademarks
1. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is more than 50,000 yuan shall fall under Article 200 of the Criminal Law. If the "amount is relatively large" as stipulated in Article 14, the person 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 be fined or shall be fined alone;
2. The sales amount is within two years. If the amount exceeds 150,000 yuan, it is considered a "huge amount" and shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of selling goods with counterfeit registered trademarks;
3. According to the crime of selling counterfeit registered trademarks The criminal components of the commodity crime include negligent sales of goods with counterfeit registered trademarks, intentional sales of counterfeit products that are not of the same type as goods with registered trademarks, and intentional sale of 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 handled in accordance with the provisions of the Trademark Law of the People's Republic of China.
Legal basis: Article 213 of the Criminal Law of the People's Republic of China
Using the same kind of goods or services without the permission of the registered trademark owner If a trademark is identical with its registered trademark, if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.
Article 220
If a unit commits a crime specified in Articles 213 to 219-1 of this section, the unit shall be fined , and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of each article in this section.