Penalty for fraudulent use of trademarks shall be determined based on the specific circumstances:

1. Administrative penalties: If misappropriation of another person’s registered trademark does not constitute a crime, punishment shall be based on the circumstances of the infringement. , if the circumstances are relatively minor, the infringement shall be ordered to stop immediately, the illegal income shall be confiscated, and the tools used to commit the crime shall be confiscated, and the fine shall be a certain multiple based on the illegal business volume;

2. Criminal penalties: counterfeiting If the circumstances of a registered trademark are serious, it will constitute the crime of counterfeiting a registered trademark in the law. The basic penalty is imprisonment for less than three years or criminal detention;

3. Civil compensation: infringement of other people’s registered trademarks , you need to bear the responsibility for civil compensation. If there is any loss, compensation will be based on the actual loss. If there is any objection to the compensation, it can be resolved through litigation.

The process of registering a trademark brand:

1. Determine the scope of trademark registration and conduct a pre-search;

2. Submit trademark registration application documents to the Trademark Office ;

3. Acceptance and review by the Trademark Office;

4. Announcement;

5. Approval of registration.

The requirements for registered trademarks are as follows:

1. The trademark applied for registration must have constituent elements;

2. The trademark applied for registration should be distinctive and easy to use. Identification;

3. The trademark applied for registration shall not use signs prohibited by law;

4. The trademark applied for registration shall not be used by others on the same or similar goods or services. The registered or preliminarily approved trademark is identical or similar;

5. It shall not be identical or similar to a registered trademark that has been revoked or canceled within one year.

To sum up, the crime of counterfeiting registered trademarks refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. . Those who use similar or similar trademarks registered by others will also be suspected of criminal offenses.

Legal basis:

Article 213 of the Criminal Law of the People's Republic of China

Without the permission of the registered trademark owner, Anyone who uses the same trademark as his registered trademark on the same kind of goods or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also be fined, or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined .