The crime of counterfeiting a registered trademark is the crime of counterfeiting a registered trademark. It refers to a serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. . Those who use similar or similar trademarks registered by others will also be suspected of criminal offenses.

Article 213 of the Criminal Law: Anyone who uses the same trademark as his registered trademark on the same kind of goods 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 or criminal detention. , and shall be sentenced to a fine or solely; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 220 If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined and the person in charge directly responsible shall be fined. and other directly responsible persons shall be punished in accordance with the provisions of each article of this section

If a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, and one of the following circumstances occurs, Those who fall under the "serious circumstances" stipulated in Article 213 of the Criminal Law 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) Illegal business operations The amount is more than 50,000 yuan or the illegal income is more than 30,000 yuan;

(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 30,000 yuan or the illegal income is more than 20,000 yuan The above;

(3) Other serious circumstances.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting registered trademarks :

(1) The amount of illegal business operations is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan;

(2) Counterfeiting two or more registered trademarks, The amount of illegal business operations is more than 150,000 yuan or the amount of illegal income is more than 100,000 yuan;

(3) Other particularly serious circumstances.

The "identical trademark" stipulated in Article 8 and Article 213 of the Criminal Law means that it is exactly the same as the counterfeited registered trademark, or is basically visually identical to the counterfeited registered trademark. A trademark that is sufficiently different to mislead the public.

The "use" stipulated in Article 213 of the Criminal Law refers to using a registered trademark or a counterfeit registered trademark on goods, product packaging or containers, product instructions, and product transaction documents, or using a registered trademark or a counterfeit registered trademark Trademarks or counterfeit registered trademarks are used for advertising, exhibitions, and other commercial activities.

Article 13. If someone commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and then sells goods with the counterfeit registered trademark, which constitutes a crime, he shall be punished in accordance with Article 213 of the Criminal Law. According to the provisions of the regulations, the person shall be convicted and punished for the crime of counterfeiting a registered trademark.

Whoever commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells goods that are knowingly owned by others with counterfeit registered trademarks, which constitutes a crime, shall be punished for several crimes.

Extended information:

Answers to Frequently Asked Questions about Trademark-Involved Crimes

1. Frequently Asked Questions about the Crime of Counterfeiting Registered Trademarks: The defender proposes that the suspect creates counterfeit registered trademarks of others. The goods were seized without being sold and therefore should be considered an attempt.

In fact, the completion of this crime does not depend on whether the goods are sold. The core of the crime of counterfeiting registered trademarks is the counterfeit use of other people’s registered trademarks. The circumstances are serious. As long as the perpetrator has counterfeited other people’s trademarks, it should be considered completed. , because the infringement of trademark rights has been completed at this time.

A common case scenario is that the suspect produces goods with counterfeit registered trademarks and is caught and detained after being placed in the workshop. This should be considered completed. Another common situation in which it is not appropriate to consider it as completed is when the trademark has not been affixed (for example, in the production of counterfeit wine, the liquor has been poured into the bottle and sealed, but the trademark has not been affixed, because the trademark has not been used, so it should not be determined as completed).

2. Review of trademark registration certificates Any crime involving trademarks requires a registered trademark certificate to prove ownership.

The relevant trademark registration certificates need to focus on the following contents: 1. Whether the trademark registration is within the validity period; 2. Whether the graphics and text of the registered trademark are consistent with the trademark involved; 3. Log on to the National Trademark Office website to check whether the trademark is currently legal and valid.

3. Is small-scale production without sales purpose considered a crime? If the perpetrator produces goods with registered trademarks of others out of interest, there is no sales purpose. This kind of behavior is rare in reality, and there are not many relevant opinions.

4. The on-site seizure part of the crime of selling goods with counterfeit registered trademarks is different from the crime of counterfeiting registered trademarks. This part should be regarded as an attempt. Therefore, the seizure part of this crime cannot be recorded in the amount of the sales crime. However, according to Article 8 of the "Several Opinions on the Application of Laws in Handling Criminal Cases of Intellectual Property Infringement", when the attempted value of the crime reaches 150,000, criminal liability should be investigated as an attempt.

5. Handling of foreign-related trademark infringement crimes The handling of foreign-related trademark cases is relatively complicated in terms of authorization and certification procedures, and is mainly divided into two categories:

(1) Foreign-related trademark rights holders have domestic rights A branch, which is part of the rights holder. At this time, to identify the authenticity of trademark-infringing items, only the branch (subject to having identification rights) issues an identification opinion;

(2) If the foreign trademark owner does not have a branch. At this time, the rights holder will entrust a domestic institution to conduct identification or directly identify it. The identification document and power of attorney must be authenticated by the Chinese embassy or consulate in the country and accompanied by a Chinese version to prove that the source of the document is legal and the content is relevant.

Reference source: Baidu Encyclopedia - Infringing trademarks

Reference source: People's Daily Online - Frequently Asked Questions about trademark crimes in criminal proceedings