Legal analysis
Without the permission of the registered trademark owner, anyone who uses a trademark identical to his registered trademark on the same commodity is suspected of one of the following circumstances, and shall be prosecuted: an individual impersonates another person's registered trademark, and the illegal business amount is more than 100,000 yuan; The unit counterfeits the registered trademark of others, and the illegal business amount is more than 500,000 yuan; Counterfeiting other people's well-known trademarks or pharmaceutical trademarks for people to use; Although it does not meet the above-mentioned amount standard, it has been given administrative punishment for counterfeiting another person's registered trademark for more than two times, and has also counterfeited another person's registered trademark; Have a bad influence. Anyone who knowingly sells goods with counterfeit registered trademarks with a single sales amount of more than 100,000 yuan and a unit sales amount of more than 500,000 yuan shall be prosecuted. Whoever forges or sells other people's registered trademarks without authorization is suspected of one of the following circumstances: illegally manufacturing or selling illegally manufactured registered trademarks, the number of which is more than 20,000 (sets), or the amount of illegal income is more than 20,000 yuan, or the amount of illegal business is more than 200,000 yuan; Illegally manufacturing or selling illegally manufactured well-known trademark marks; Although it does not meet the above-mentioned amount standard, it has been subject to administrative punishment for more than two times for illegally manufacturing and selling illegally manufactured registered trademark marks and illegally manufacturing and selling illegally manufactured registered trademark marks; Using bribery and other illegal means to promote the illegally manufactured registered trademark logo.
legal ground
Criminal law of the people's Republic of China
Article 213 Whoever uses the same trademark as its registered trademark on the same commodity or service 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, or shall 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.