Legal Subjectivity:

May constitute a criminal offence. Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to more than three years A prison term of not more than seven years and a fine. Forgery or unauthorized manufacture of registered trademarks of others or sale of counterfeit or unauthorized registered trademarks constitutes the crime of counterfeiting registered trademarks. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the circumstances are serious, , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. The law is objective:

How does trademark infringement constitute a criminal offense (1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant, and the circumstances are serious; (2) Selling knowingly It is a product with a counterfeit registered trademark, and the sales amount is relatively large; (3) Forging or unauthorized manufacturing of other people's registered trademarks or selling counterfeit or unauthorized manufacturing of other people's registered trademarks, the circumstances are serious. Trademark infringement generally depends on the amount of illegal business, and whether the industrial and commercial department will impose administrative penalties or transfer it to the public security department for filing and handling. If it is handled by the public security department, it will generally constitute a criminal offense. Article 67 of the Trademark Law stipulates that “if the use of a trademark identical to the registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. If it constitutes a crime to forge or create a registered trademark logo without authorization, or to sell a registered trademark logo that is forged or manufactured without authorization, in addition to compensating the infringed party's losses, criminal liability shall be investigated in accordance with the law. In addition to compensating the losses of the infringed party, criminal liability shall be investigated in accordance with the law. "Section 7 of the Criminal Law, "Crime of Infringement of Intellectual Property Rights," clearly stipulates the scope of trademark infringement. Article 213: Unregistered trademarks are owned by all parties. Anyone who uses the same trademark as his or her registered trademark on the same kind of goods without the permission of the other party shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and impose a fine. Article 214 Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to not less than three years and seven years' imprisonment. to fixed-term imprisonment of not more than 10 years and to a fine. Article 215 Whoever forges or manufactures other people's registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; in special circumstances If 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. In addition, the "Trademark Law" stipulates that the circumstances of "infringement of the exclusive right to use a registered trademark" are as follows: Article 57 Any one of the following acts is an infringement of the exclusive right to use a registered trademark: (1) Without the consent of the trademark registrant (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same trademark as its registered trademark on similar goods. or similar trademarks that are likely to cause confusion; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (5) Failure to do so With the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put into the market; (6) Intentionally providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to the exclusive right to use registered trademarks of others