Legal analysis: Forgery or unauthorized manufacture of registered trademarks of others or sale of counterfeit or unauthorized registered trademarks shall constitute the crime of counterfeiting registered trademarks and shall be punished with imprisonment of not more than three years, criminal detention or surveillance, and shall be concurrently or solely punished. shall be fined; if the circumstances are serious, he 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 following conditions must be met to constitute the crime of counterfeiting a registered trademark:

1. Using another person’s registered trademark without the permission of the registered trademark owner.

2. The perpetrator must objectively use the same trademark as another’s registered trademark on the same kind of goods. That is, the trademarks are the same and the goods using the trademark are of the same type.

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 concurrently 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 concurrently to a fine.