Legal Analysis

The so-called crime of counterfeiting registered trademarks refers to the serious act of using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark. . Legally, the crime of counterfeiting registered trademarks has the following characteristics. The object of this crime is the exclusive right to register a trademark. The so-called trademark refers to a distinctive mark consisting of words, graphics or other combinations, etc., used on goods to distinguish the same similar goods produced or operated by different commodity producers or operators. mark. The objective aspect of this crime is to use the same trademark as another's registered trademark on the same kind of goods without the permission of the registered trademark owner. The subject of this crime is a general subject, and both individuals and units can become the subject of this crime. The subjective aspect of this crime can only be constituted intentionally, that is, the perpetrator knows that it is someone else's registered trademark and uses the same trademark as the registered trademark on the same product without the permission of the registered trademark owner for the purpose of making profit or seeking illegal benefits.

Legal Basis

Article 60 of the Trademark Law of the People’s Republic of China includes one of the infringements of the exclusive right to use a registered trademark listed in Article 57 of this Law. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.