Legal Analysis

Whether counterfeiting someone else’s brand constitutes a crime depends mainly on the motivation of the perpetrator, the actions and consequences, there are the following situations: 1. If it is done in good faith , a contract is made with someone in the name of the party. If it has been actually performed, it means that the terms of the contract have been acquiesced and there is no need to bear any responsibility; if you do not agree and are unwilling to perform the contract, you can claim that the contract is invalid, and the contract has no effect on the parties. Binding, and the resulting losses shall be borne by the other party; 2. If the purpose of illegal possession is to fabricate facts, imitate the handwriting of the party, and sign a contract with others in the name of the party, it is suspected of contract fraud. Impersonating other people's brands, if the circumstances are serious, will be punished with fines of different amounts. If it constitutes a crime, it will also be punished with fixed-term imprisonment and fines.

Legal Basis

Article 60 of the Trademark Law of the People’s Republic of China includes one of the infringements of the exclusive right to use a registered trademark listed in Article 57 of this Law. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.