How many years in prison for infringing trademark 3 thousand
3, infringing trademarks may be jailed for three to seven years, but it cannot be generalized, and it depends on whether there are statutory mitigating circumstances. Trademark infringement liability includes administrative liability, civil liability and criminal liability. It should be noted that not all trademark infringement constitutes a crime, and only those who meet the filing standards will be punished criminally. ? One, 3, years in prison for infringing trademarks and 3, years in prison for infringing trademarks need to be determined according to the specific circumstances, but generally speaking, 3, infringing trademarks belong to the case of "particularly serious circumstances", and should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of illegally manufacturing and selling illegally manufactured registered trademarks, and fined. Second, what trademark infringement responsibilities include? Trademark infringement includes the following responsibilities: 1. Administrative responsibility. For those who infringe upon the exclusive right to use a registered trademark, according to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may order them to stop the infringement, and may also impose a fine on those who have not constituted a crime. 2. If the trademark right of civil liability is infringed, it has the right to demand to stop the infringement, eliminate the influence and compensate for the losses. 3. In addition to administrative liability and civil liability, criminal liability may also constitute the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing registered trademarks, and the crime of selling illegally manufactured registered trademarks. Iii. constitutive elements of the crime of selling goods with counterfeit registered trademarks The constitutive elements of the crime of selling goods with counterfeit registered trademarks include the following four aspects: 1. The object of infringement is the legitimate exclusive right of registered trademarks of others and the state trademark management order; 2. The subject is the general subject, that is, it can be any unit or individual. 3. Subjectively, it must be intentional, that is, knowing that it is a commodity with a counterfeit registered trademark and selling it. The determination of whether a criminal suspect knew when selling counterfeit registered trademarks should be based on the objective facts of the case. As long as it can be proved that he knew or should have known that he was selling counterfeit goods, he can be regarded as knowing. 4. Objectively speaking, it must have the behavior of distributing goods with counterfeit registered trademarks, and the distribution amount is relatively large. Reminder, the so-called sales refers to the behavior of selling goods to others by purchasing, promoting, selling or peddling, including wholesale and retail, asking people to sell them on a commission basis, and entrusting sales. The so-called sales amount refers to all the illegal income of the seller who sells goods with counterfeit registered trademarks without deducting costs and taxes.