If someone is caught counterfeiting a brand, he or she will be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also or solely be fined.

Look at the amount involved. Fixed-term imprisonment of not more than three years or criminal detention. If the sales amount is more than 50,000 yuan or the sales amount is less than 50,000 yuan, but the profit reaches 30,000 yuan, it can constitute a crime. Regarding the amount of money involved in an economic case, the sentence will be imposed: The criminal offenses in economic cases include a variety of crimes, and each crime has different regulations. The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan; the counterfeiting of two or more registered trademarks, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan; the owner of an unregistered trademark Anyone who uses a trademark that is the same as his or her registered trademark on the same kind of goods without the permission of another person and falls under any of the following circumstances shall be deemed to be a “serious circumstance” stipulated by law and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also be sentenced to or Single penalty.

Operators shall not engage in the following behaviors when providing goods or services:

1. The goods sold or services provided do not meet the requirements for protecting personal and property safety;

2. Selling expired or spoiled goods;

3. Selling goods with forged origins, forging or falsely using other people’s factory names and addresses, or tampering with production dates;

4. Selling counterfeit goods Or products that use quality marks such as certification marks;

5. The goods sold or the services provided infringe the exclusive rights of others’ registered trademarks;

6. The sale of counterfeit or used well-known products Products with unique names, packaging, and decorations;

7. Adulteration or adulteration in the goods sold, passing off fake goods as genuine, passing off substandard goods as good ones, and passing off substandard goods as qualified goods;

8. Selling goods that the state has explicitly ordered to eliminate and stop selling;

9. Intentionally using unqualified measuring instruments or destroying the accuracy of measuring instruments when providing goods or services;

10. Defrauding consumers of prices or fees without providing goods or services or not providing goods or services as agreed.

To sum up, if the sales amount is more than 50,000 yuan or the sales amount is less than 50,000 yuan, but the profit reaches 30,000 yuan, it can constitute a crime. If the illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan; if the amount of counterfeiting two or more registered trademarks is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan, the crime of counterfeiting a registered trademark shall be The person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Legal basis:

Article 214 of the Criminal Law of the People's Republic of China

The crime of selling goods with counterfeit registered trademarks and knowingly selling them If the amount of illegal income is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and ten years in prison. to fixed-term imprisonment of not more than 10 years and to a fine.

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. The circumstances are serious. If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and concurrently with a fine.

Article 215

The crime of illegally manufacturing and selling illegally manufactured registered trademarks is the crime of counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling 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 concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.