Legal basis:
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.
Article 1 Whoever uses 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, shall be deemed as "serious" 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.
Article 3 Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made logo without authorization, under any of the following circumstances, shall be considered as "serious" as stipulated in Article 215 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance for the crime of illegally manufacturing or selling a registered trademark logo, 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.
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 215 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 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.