Legal subjectivity:

The manifestations of trademark infringement are as follows: 1. Using and registering the same trademark on the same product. 2. Use the same trademark as the registered trademark on similar goods. 3. Use a trademark similar to the registered trademark on the same product. 4. Use a trademark similar to the registered trademark on similar goods. 5. The act of manufacturing or selling other people’s registered trademarks without authorization. 6. Distribution of infringing products. 7. On identical or similar goods, words and graphics that are identical or similar to others’ registered trademarks are used as trade names. 8. Acts that intentionally facilitate infringement. The case started from 2018 to the incident. The defendant Miao Moumou purchased production equipment and raw materials by himself without any registered trademark authorization and business license, and produced the same anti-haze mask at his residence in Wen'an County, which was marked with A certain Co., Ltd. (Japan) registered a trademark and exported it at a profit. From December 2018 to February 2020, Miao Mouzhong successively sold the same celebrity anti-haze masks to self-employed individuals in this city and Hebei Province, with an illegal business amount of more than 10,000 yuan. During this period, the defendant Miao Bin knew that the masks produced and sold by Miao Zhong were counterfeit XX registered trademark products, but still provided him with packaging, sealing, transportation and other assistance. After identification, the mask involved was not produced by a certain company, but a product with a registered trademark of a certain company. The court held that the defendant Miao used the same trademark as the registered trademark on the same product and sold it without the permission of the exclusive right holder of the registered trademark, and the circumstances were serious; the defendant Miao Bin subjectively knew that Miao Zhong produced and sold counterfeit registered trademarks. For goods bearing the trademark, they still carried out assistance activities such as packaging and transportation. The actions of the two defendants were related to the same crime, and both constituted the crime of counterfeiting registered trademarks. Among them, the defendant Miao Mouzhong played a major role in the same crime and was the principal culprit. The defendant Miao Moubin played a secondary and auxiliary role in the same crime and was an accessory and should be punished separately according to law. In view of the fact that the defendants Miao Mouzhong and Miao Moubin have no criminal records and can truthfully confess the crime facts, plead guilty and accept punishment after the crime is brought to the case, the two defendants can be given a lighter punishment according to the law; the defendant Miao Moubin is an accessory and should be given a lighter punishment according to the law. . Based on the facts of the crime committed by the second defendant, the nature and circumstances of the crime and the degree of harm to society, the final verdict was as follows: The defendant Miao Moumou was guilty of counterfeiting registered trademarks and was sentenced to nine months in prison and fined 70,000 yuan; The defendant Miao Moumou was convicted of counterfeiting registered trademarks and was sentenced to three months' detention and fined 10,000 yuan; the seized mask products and packaging cartons with counterfeit registered trademarks, as well as the automatic film sealing machine and mask machine as tools for committing the crime were seized. Confiscated by the seizure authority in accordance with the law.