Mirroring someone else’s trademark is considered “trademark infringement”. The natural person or legal person who has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.

If the circumstances are serious, you will also bear criminal responsibility. Our country's "Criminal Law" has provisions specifically targeting intellectual property crimes.

According to Article 213 of the Criminal Law, anyone who uses the same trademark as his registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years. Or criminal detention, and shall be concurrently or solely fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. ?

According to Article 214 of the "Criminal Law", anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be punished. If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. ?

Extended information:

Case: I was found to be "smart" for using someone else's trademark in exchange for a big fine

In order to sell the products I operate as quickly as possible, Xinjiang An individual business owner in Shihezi was so clever that he used a well-known trademark that was similar to the goods he sold without authorization to publicize it and mislead consumers into purchasing. On April 7, 2014, reporters learned from the Xinjiang Shihezi City Industrial and Commercial Bureau that the Xin'an Industrial and Commercial Office of the Xiayedi Branch of the bureau investigated and dealt with this case of using advertising to create misleading false propaganda for products.

It is understood that a self-employed Shen purchased the "GELIE" brand range hood produced by Shenzhen Gree Star Small Home Appliances Co., Ltd. (hereinafter referred to as Gree Star Company) from Urumqi and sold it in the region. .

During the business process, in order to expand sales, Shen made use of the popularity of "Gree" appliances of Zhuhai Gree Electric Co., Ltd. (hereinafter referred to as Zhuhai Gree Company) to create a promotional billboard for "Gree" appliances. and leaflets to promote that "Gree" electrical appliances are being sold in his store, and mark the price tags of the "GELIE" brand electrical appliances produced by Gree Star Company that he distributes as "Gree".

Through the above method, people may mistakenly believe that the manufacturer of the "GELIE" brand electrical appliances distributed by this store is Zhuhai Gree Company. After consumers reported this, the Industry and Commerce Bureau verified this and found that the store had never sold "Gree" appliances from Zhuhai Gree Company, and "Gree" appliances had nothing to do with "GELIE" brand appliances.

After careful investigation and evidence collection, the industrial and commercial department determined that Shen’s false propaganda violated the provisions of Article 9, Paragraph 1 of the Law of the People’s Republic of China and the State Against Unfair Competition, and constituted the use of advertising. method, making misleading and false propaganda to the producers of goods.

According to the provisions of Article 24, Paragraph 1, of the "Law of the People's Republic of China and the State Against Unfair Competition", the branch ordered the parties to cease illegal activities, eliminate the impact, and impose fines on the parties in accordance with the law. fine.

At this point, Shen’s self-righteous little cleverness got himself a fine of 10,000 yuan, which he really regrets.

Reference material: People's Daily Online - I was caught for using someone else's trademark, and my "little cleverness" got me a big fine