Sentencing standards for the crime of counterfeiting trademarks:

1. Using the same trademark as the registered trademark on the same goods or services without the permission of the owner of the registered trademark. If the circumstances are serious, he or she shall be punished. The offender shall be sentenced to fixed-term imprisonment of not less than three years and concurrently or solely with a fine;

2. 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 ten years and shall also be fined.

The filing standards for the crime of counterfeiting registered trademarks:

1. Producers and sellers who violate trademark management laws and regulations by counterfeiting other people’s registered trademarks and meet the filing standards of this provision shall be punished Criminal liability shall be pursued in accordance with the law;

2. If the illegal income is more than 20,000 yuan by counterfeiting another person's registered trademark, a case shall be filed:

3. If the case is serious, the person shall be prosecuted for counterfeiting another person's registered trademark. The case shall be filed;

4. Any case of counterfeiting someone else’s registered trademark that is directly related to the criminal act of producing and selling counterfeit and inferior goods shall be filed for investigation by the procuratorate. If the procuratorial organ deems it necessary to directly handle criminal cases related to the production and sale of counterfeit and inferior goods, it may also file and investigate the case on its own.

The elements of the crime of counterfeiting trademarks are as follows:

1. The object of infringement: the exclusive right to use registered trademarks of others and the country’s trademark management system;

2. Objective aspects: Violation of national trademark management regulations, using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, serious behavior;

3. Criminal subject: individual Both units and units can become criminal subjects;

4. Subjective aspect: manifested as intentional. In practice, they often have the purpose of making profits or seeking illegal benefits.

To sum up, generally for registered trademarks, if others need to use it, they must first obtain the consent of the trademark owner. Otherwise, using the same trademark as another person’s registered trademark on the same product will When the serious circumstances stipulated in the law are reached, it may be found to be the crime of counterfeiting registered trademarks as mentioned above. At this time, in addition to bearing criminal liability, the trademark owner may also need to make corresponding civil compensation.

Legal basis:

Article 213 of the Criminal Law of the People's Republic of China

The crime of counterfeiting a registered trademark without ownership of a registered trademark Anyone who uses the same trademark as his or her registered trademark on the same kind of goods or services without permission from another person shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years 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 ten years. , and impose a fine.

Article 214

The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, shall be punished. The offender shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely fined; if the amount of illegal income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently fined.