Determine whether the infringement is serious based on the specific circumstances.

Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner is an act that falls under any of the following circumstances:

(1) The illegal business amount is within The amount of illegal business is more than 50,000 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 ;

(3) Other serious circumstances.

The constituent elements of the crime of counterfeiting registered trademarks are:

1) The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual counterfeits the registered trademark of others, and the circumstances meet the criminal standards constitutes the crime.

2) The object of infringement of this crime is the legitimate exclusive right to use registered trademarks of others and the national trademark management order;

3) The subjective aspect of this crime is intentional and for the purpose of profit. . Negligence does not constitute this crime.

4) The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.

Differences from the crime of producing and selling counterfeit goods:

The former crime violated the national trademark management system and committed serious acts of counterfeiting trademarks;

The latter crime The crime violates the country's management system for commodity quality and commits acts of adulterating products with fakes, passing fakes as genuine, passing off substandard products as good ones, or passing off unqualified products as qualified products.

Whoever uses counterfeit registered trademarks to produce or sell counterfeit goods, and the sales amount is extremely large or causes serious consequences, is guilty of not only the crime of producing and selling counterfeit goods, but also the crime of counterfeiting trademarks. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted and sentenced.

Based on:

1. Article 213 of the Criminal Law: Using the same trademark as the 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 also or solely be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

2. Judicial interpretation: Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, if any of the following circumstances occurs, it shall fall under the provisions of Article 213 of the Criminal Law If the circumstances are serious, 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 or solely be fined:

(1) The amount of illegal business operations is more than 50,000 yuan or the amount of illegal income The amount 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;

(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.

lt; Attachment: The meaning of "identical" trademarks

Article 213 of the Criminal Law limits the crime of counterfeiting registered trademarks to "unregistered trademark owners" license to use the same trademark as its registered trademark on the same kind of goods". Therefore, when determining the crime of counterfeiting a registered trademark, it is very important to determine whether the trademark used by the perpetrator is "identical" to someone else's registered trademark. It involves the basic qualitative issue of whether the perpetrator can be found guilty of counterfeiting a registered trademark.