Less than three years.

Using a trademark identical to the registered trademark on the same kind of goods without the permission of the registered trademark owner is a serious matter stipulated by relevant laws 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 be fined or solely fined.

If the amount of trademark infringement is more than 500,000, it will constitute a criminal case, and the relevant person in charge will be prosecuted, and then the court will prosecute him based on the actual content and method of infringement. sentenced. Relevant administrative penalties will generally be imposed. Anyone who uses the same trademark on the same product without the permission of the owner of the registered trademark and is suspected of one of the following circumstances shall be prosecuted:

1. An individual counterfeiting someone else’s registered trademark and illegally operating an amount The amount is more than 100,000 yuan;

2. The unit counterfeits other people’s registered trademarks, and the illegal business amount is more than 500,000 yuan;

3. Counterfeiting other people’s well-known trademarks or human medicines trademark; 4. Although the amount does not reach the above-mentioned amount standard, but has been administratively punished more than twice for counterfeiting other people's registered trademarks, and counterfeiting other people's registered trademarks;

5. Causing adverse effects.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 213 Without the permission of the registered trademark owner, If a trademark that is the same as its registered trademark is used on any kind of goods or services, 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.

Trademark Law

Article 40, Paragraph 1

If counterfeiting someone else’s registered trademark constitutes a crime, in addition to compensating the infringed party’s losses, Investigate criminal liability in accordance with the law.

The Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"