Legal Analysis

(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark shall fall under Article 1 of the Criminal Law if one of the following circumstances applies: For "serious circumstances" as stipulated in Article 213, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting registered trademarks, and shall also be fined or shall be fined alone:

1. The illegal business amount is more than 50,000 yuan The amount of illegal business is more than 30,000 yuan or the amount of illegal income is more than 30,000 yuan;

2. Counterfeiting two or more registered trademarks, the amount of illegal business is more than 30,000 yuan or the amount of illegal income is more than 20,000 yuan;

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3. Other serious circumstances.

(2) Anyone who falls under any of the following circumstances and falls under the “particularly serious circumstances” stipulated in Article 213 of the Criminal Law shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years for the crime of counterfeiting a registered trademark, Also fined:

1. The amount of illegal business operations exceeds 250,000 yuan or the amount of illegal income exceeds 150,000 yuan;

2. Counterfeiting two or more registered trademarks , the illegal business amount is more than 150,000 yuan or the illegal income amount is more than 100,000 yuan;

3. Other particularly serious circumstances.

(3) If the person commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells the goods with the counterfeit registered trademark, which constitutes a crime, he shall be punished in accordance with the provisions of Article 213 of the Criminal Law. Provisions provide for conviction and punishment for the crime of counterfeiting registered trademarks.

(4) If the person commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods that he knows are counterfeit registered trademarks of others, which constitutes a crime, he shall be punished for several crimes together.

(5) If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the relevant provisions of the criminal law.

Legal Basis

Article 52 of the "Trademark Law of the People's Republic of China" uses an unregistered trademark as a registered trademark, or uses an unregistered trademark in violation of this law Article 10: If the illegal business volume exceeds 50,000 yuan, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume, Or if the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.