Legal analysis
It is illegal to sell imitations that infringe others' trademark rights. Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant; Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical with or similar to its registered trademark on similar commodities, is likely to cause confusion; Selling goods that infringe the exclusive right to use a registered trademark; Forging or manufacturing others' registered trademark marks without authorization or selling forged or manufactured registered trademark marks without authorization; Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again; Deliberately providing convenience for infringing upon the exclusive right to use a trademark of others and helping others to infringe upon the exclusive right to use a trademark; Causing other damage to the exclusive right to use a registered trademark of others. According to the above-mentioned laws and regulations, it is illegal to sell counterfeit products suspected of infringing the intellectual property rights and trademark rights of the obligee, and if it constitutes a crime, it shall bear criminal responsibility according to law.
legal ground
Criminal law of the people's Republic of China
Article 213 Whoever uses the same trademark as its registered trademark on the same commodity or service 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 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 ten years and shall also be fined.
Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.