1. Is it illegal to deliberately impersonate other brands?
Deliberately impersonating other brands violates the law and is suspected of counterfeiting registered trademarks if the circumstances are serious. Generally sentenced to fixed-term imprisonment of not more than three years, with a fine or a single fine; 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.
criminal law
Article 2 13
The crime of counterfeiting a registered trademark uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, it 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.
If a unit constitutes a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions on individual crime.
Second, what is the filing standard for the crime of counterfeiting registered trademarks?
1, an individual counterfeits another person's registered trademark, and the illegal business amount is more than100000 yuan;
2, the unit counterfeit registered trademarks of others, the amount of illegal business in more than five hundred thousand yuan;
3. Counterfeiting other people's well-known trademarks or pharmaceutical trademarks for human use;
4, although not up to the above amount standard, but because of counterfeiting registered trademarks of others, received more than two administrative penalties, and counterfeiting registered trademarks of others;
5. Cause adverse effects.
3. How much should I pay for pretending to be another brand?
1, the compensation standard is illegal, and the amount of compensation for infringement of the exclusive right to use a trademark is determined according to the actual loss suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee.
2. Malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined to be more than one time but less than five times the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
3. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
4. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 5 million yuan according to the circumstances of the infringement.
Deliberately impersonating another brand is illegal even if it does not constitute a criminal offence. The infringed party can complain to the administrative department, and the administrative department will order the offender to stop the infringement and impose a fine according to the specific illegal circumstances. The counterfeited party may ask the infringer to pay tort compensation, but the compensation standard for counterfeiting registered trademarks is not fixed.