Legal analysis: the amount of the crime of infringing intellectual property rights is not clearly defined. Under normal circumstances, as long as it constitutes a crime of infringing intellectual property rights, it can be regarded as a criminal fact, and it needs to be dealt with according to the judgment method of infringing intellectual property rights. The crime of infringing intellectual property rights is an act that violates the laws and regulations on intellectual property protection, illegally uses intellectual property rights without the permission of intellectual property rights holders, infringes on the national intellectual property management order and the legitimate rights and interests of intellectual property rights holders, and the illegal income is large or the circumstances are serious.

Legal basis: Article 213 of the Criminal Law of People's Republic of China (PRC) uses the same trademark as its registered trademark on the same commodity or service without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially 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.