Some friends may mistakenly believe that after a trademark infringement is discovered, as long as it is corrected immediately, at worst, it will be fine. In fact, some trademark infringements are subject to criminal liability, with penalties of up to 7 years in prison.

1. What are the behaviors that constitute trademark infringement?

1. The crime of counterfeiting registered trademarks

Article 213 of the "Criminal Law" stipulates that the crime of counterfeiting trademarks is: the crime of counterfeiting trademarks on the same kind of goods without the permission of the registered trademark owner Use of a trademark that is the same as its registered trademark, if the circumstances are serious or particularly serious.

2. The crime of selling goods with counterfeit registered trademarks

Article 214 of the "Criminal Law" stipulates that this crime is: selling goods that are knowingly counterfeit registered trademarks, and the sales amount is greater than Big or huge.

3. The crime of illegally manufacturing and selling others' registered trademarks

Article 215 of the "Criminal Law" stipulates that this crime is: counterfeiting and unauthorized manufacturing of others' registered trademarks, the circumstances Serious or particularly serious.

In practice, trademark infringement will only constitute a corresponding crime of trademark infringement when the circumstances are serious. At this time, the perpetrator needs to bear certain criminal liability.

If the circumstances are serious: be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and concurrently or solely with a fine;

If the circumstances are particularly serious: be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and also Penalties.

2. Which trademark infringement behaviors are considered "serious"?

1. Using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner , the illegal business volume is more than 100,000 yuan;

Second, the counterfeiting or unauthorized manufacturing of other people’s registered trademarks or the sale of more than 20,000 pieces (sets) of forged or unauthorized registered trademarks;

Third, being given two administrative penalties by the industrial and commercial administration department for counterfeiting other people’s registered trademarks and then counterfeiting other people’s registered trademarks;

Fourth, using illegal means such as bribery to promote counterfeit trademarks goods or counterfeit or unauthorized manufactured trademarks registered by others;

Fifth, counterfeiting other people’s registered human pharmaceutical trademarks;

Sixth, counterfeiting other people’s registered trademarks causing Bad social impact and international impact. In addition, criminals who conspire with criminals who counterfeit registered trademarks of others and provide them with convenient conditions for manufacturing, selling, using, warehousing, transporting, mailing, concealing, etc. will also be held criminally responsible for counterfeiting registered trademarks.

Therefore, trademark infringement is not a trivial matter. It not only requires civil compensation and administrative penalties, but may also violate criminal laws. This highlights the importance of trademark rights from another perspective, prompting relevant business owners to do a good job in their own trademark work and strive to build their own brands. Trademark infringement