If a trademark infringement is prosecuted by the People's Procuratorate, the nature is still very serious, because being prosecuted by the Procuratorate means that it is suspected of a criminal crime. Criminal crimes that trademark infringement may constitute include the crime of counterfeiting a registered trademark and the crime of illegally manufacturing trademark logos. etc., even if it does not constitute a crime, they will be subject to administrative penalties and be liable for civil compensation.

1. Is it serious to be prosecuted for trademark infringement? If trademark infringement is prosecuted by the procuratorate, it is very serious in nature and has been suspected of a criminal offence. "Criminal Law of the People's Republic of China" Article 213: The crime of counterfeiting a registered trademark is to use the same trademark as the registered trademark on the same kind of goods or services without the permission of the owner of the registered trademark. If the circumstances are serious, he shall be punished with three A person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years in addition to or solely a fine; if the circumstances are particularly 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. Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined; illegal If the amount of income is huge or there are other particularly serious circumstances, 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. Article 215 The crime of illegally manufacturing and selling illegally manufactured registered trademarks is to forge or manufacture without authorization the registered trademarks of others, or to sell forged or unauthorized registered trademarks. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also be sentenced to a fixed-term imprisonment of not more than three years. Or a fine alone; if the circumstances are particularly 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 commits this crime, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the provisions of each article of this section.

2. How is the administrative penalty standard for trademark infringement not constituting a crime? Article 60 of the Trademark Law of the People’s Republic of China includes infringement registration listed in Article 57 of this Law. If a dispute arises from one of the acts of trademark exclusive rights, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle it. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. In fact, regardless of whether the trademark infringement constitutes a crime, the trademark infringement itself is illegal. If it does not constitute a criminal crime, the infringing party can be administratively punished through the industrial and commercial administrative department. If the two parties have a dispute over civil compensation for trademark infringement, The infringed party may sue in court.