In the crime of counterfeiting other people's trademarks, if the illegal amount is 200,000, the people's court will generally be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined or alone. According to relevant regulations, anyone who uses someone else’s registered trademark without permission and the illegal business amount is more than 50,000 yuan shall be convicted and punished for the crime of counterfeiting a registered trademark. Anyone who uses 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, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also be fined, or shall be fined alone; if the circumstances are particularly serious, he shall be sentenced to more than three years A prison term of not more than ten years and a fine.

If the sales amount is between 50,000 yuan and 250,000 yuan, which constitutes a huge amount, the person shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined.

According to relevant regulations, registered trademarks are protected by law. No one may use the trademark registered by others without the consent of the trademark registrant. There are many cases of illegal use of trademarks registered by others. , counterfeiting registered trademarks and engaging in illegal acquisition activities will constitute a criminal offense if the circumstances are serious. If the relevant stipulated conditions are met, a suspended sentence may be announced. The crime of counterfeiting registered trademarks infringes on the national trademark management system, committing serious acts of counterfeiting trademarks; the crime of counterfeiting registered trademarks infringes on the national commodity quality management system, committing adulteration of products with fakes, confusing genuine products with fake ones, passing off inferior products as good ones, or passing off substandard products. The act of passing off qualified products.

Whoever uses counterfeit registered trademarks to produce and sell counterfeit goods, and the sales amount is extremely large or causes serious consequences, is guilty of not only the crime of producing and selling counterfeit goods, but also the crime of counterfeiting trademarks. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted.

How long does it take for the crime of counterfeiting trademarks to be concluded?

1. The case for the crime of counterfeiting trademarks can usually be concluded within two months.

2. There is no specific stipulation on how long it will take for the crime of counterfeiting trademarks to be concluded. It depends on the complexity of the case. However, if the case is tried in court, if it is tried using general procedures, it must be completed within two days. Sentencing will be announced within a month.

Legal Basis

Article 2 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" Selling goods that are knowingly counterfeit registered trademarks , if the sales amount is more than 50,000 yuan, it falls into the "relative amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall be fined concurrently or solely. gold. If the sales amount exceeds 250,000 yuan, it falls into the category of "huge amount" as stipulated in Article 214 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine for the crime of selling goods with counterfeit registered trademarks.

Article 57 of the "Trademark Law of the People's Republic of China"

Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same trademark on the same kind of goods without the permission of the trademark registrant Using a trademark that is similar to its registered trademark, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of a registered trademark;

p>

(4) Forging or manufacturing other’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and Putting the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to the exclusive right to use registered trademarks of others.