Legally speaking, the crime of counterfeiting registered trademarks has the following characteristics:
1. The object of this crime is the exclusive right to use a registered trademark. The so-called trademark refers to a distinctive sign composed of words, graphics or other combinations, which is used on commodities to distinguish the same similar commodities produced or operated by different commodity producers or operators.
2. The objective aspect of this crime is to use the same trademark as the registered trademark of others on the same commodity without the permission of the registered trademark owner.
3. The subject of this crime is the general subject, and both individuals and units can be the subject of this crime.
4. The subjective aspect of the crime can only be intentional, that is, the actor uses the same commodity knowing that it is the same trademark as the registered trademark without the permission of the registered trademark owner, with the purpose of making profits or seeking illegal interests.
The punishment standards for the crime of counterfeiting registered trademarks are as follows:
1, without the permission of the registered trademark owner, using the same trademark as its registered trademark on the same commodity, and the illegal income is large or there are other serious circumstances, which constitutes a crime. He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If the amount of illegal income is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
2. Selling goods that are known to be counterfeit registered trademarks, and the amount of illegal income is relatively large, also constitutes the crime of counterfeiting registered trademarks, and shall be punished by applying mutatis mutandis the above provisions.
3. Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, and the amount of illegal income is relatively large or there are other serious circumstances, shall be punished by applying mutatis mutandis the above provisions. 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 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 or criminal detention, 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 seven years and shall also be fined.
If your enterprise needs trademark registration and rights protection, please contact the senior trademark consultant of Enterprise Knowledge Platform for detailed consultation.