If the perpetrator commits trademark infringement and constitutes a crime, he can generally be sentenced to three years in prison. According to the Criminal Law, anyone who uses the same trademark as his registered trademark on the same kind of goods or services without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or 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.

legal ground

Article 2 13 of the Criminal Code of People's Republic of China (PRC).

Without the permission of the registered trademark owner, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or 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.