Counterfeiting trademarks exceeding RMB 1 million is generally punishable by imprisonment of not less than 3 years but not more than 7 years, and a fine. According to relevant regulations, if the benefits obtained from infringing a registered trademark reach 1 million yuan, which is a particularly serious case, the offender may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine.

What is the difference between trademark infringement and counterfeiting?

The difference between trademark infringement and counterfeiting is that the act of counterfeiting a trademark subjectively must intentionally counterfeit other people’s registered trademarks and sell counterfeit goods, and manufacture and sell other people’s trademarks. Registered trademark logo. The act of counterfeiting a trademark must involve using the same trademark as someone else’s registered trademark on the same kind of goods, rather than using the same trademark as someone else’s registered trademark on similar goods. Nor is it the use of a trademark that is similar to someone else’s registered trademark on the same product. Generally speaking, trademark infringement can be intentional or unintentional.

Legal basis: Article 213 of the "Criminal Law of the People's Republic of China"

The crime of counterfeiting a registered trademark without the permission of the registered trademark owner, the same product , use a trademark that is the same as its registered trademark on services, and if the circumstances are serious, he 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, he 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 214

The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks and the amount of illegal income is relatively large or there are other serious circumstances shall be punished. The offender shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely fined; if the amount of illegal income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and concurrently fined.