Legal analysis: The crime of counterfeiting registered trademarks refers to the serious act of using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark. Legally, the crime of counterfeiting registered trademarks has the following characteristics.

1. The object of this crime is the exclusive right to register a trademark. The so-called trademark refers to a trademark consisting of words, graphics or other combinations, etc., which is used on goods to distinguish the goods produced by different producers or operators. or a distinctive mark for the same type of similar goods sold.

2. The objective aspect of this crime is to use the same trademark as another’s registered trademark on the same kind of goods without the permission of the owner of the registered trademark.

3. The subject of this crime is a general subject, and both individuals and units can become the subject of this crime.

4. The subjective aspect of this crime can only be constituted intentionally, that is, the perpetrator knowingly uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner. The purpose is to make profits or seek illegal benefits.

The penalty standards for counterfeiting registered trademarks are as follows:

1. Using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner will result in a large amount of illegal income Or if there are other serious circumstances, it constitutes a crime. The offender shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and may be concurrently or solely fined. If the amount of illegal income is huge, the person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall also be fined.

2. Anyone who knowingly sells goods with counterfeit registered trademarks and obtains a relatively large amount of illegal income shall also constitute the crime of counterfeiting registered trademarks and shall be punished in accordance with the aforementioned provisions.

3. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks, if the amount of illegal income is relatively large or there are other serious circumstances, the punishment shall be in accordance with the above provisions.

Legal basis: Article 213 of the Criminal Law of the People’s Republic of China and the People’s Republic of China: Using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark is a serious matter If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and criminal detention, and in addition or solely to a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also to a fine.