If the amount of trademark infringement reaches 100,000 yuan, criminal liability can be investigated and sentenced. This is clearly stipulated in our country’s laws. However, for a company’s behavior that constitutes trademark infringement, a case where the amount involved reaches 50,000 yuan. Only 10,000 yuan can be pursued, and the specific circumstances will be determined based on the actual situation.
1. How much is the penalty for trademark infringement? If you use the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, and are suspected of one of the following circumstances, you should be prosecuted: 1. An individual counterfeits someone else's registered trademark, and the illegal business amount is more than 100,000 yuan; 2. An organization counterfeits someone else's registered trademark, and the illegal business amount is more than 500,000 yuan; 3. Counterfeiting other people's well-known trademarks or human drug trademarks; 4. Although the above-mentioned amount standard is not reached, the person has received administrative penalties more than two times for counterfeiting other people's registered trademarks, and then counterfeits other people's registered trademarks; 5. Causing adverse effects. Anyone who forges or manufactures other people's registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks and is suspected of one of the following circumstances shall be prosecuted: 1. Illegal manufacture or sale of illegally manufactured registered trademarks with a quantity of more than 20,000 pieces (set) ) or more, or the amount of illegal income is more than 20,000 yuan, or the amount of illegal business operations is more than 200,000 yuan; 2. Illegal manufacturing and selling of illegally manufactured well-known trademarks; 3. Although the above amount standards are not reached, due to Illegal manufacturing and selling of illegally manufactured registered trademarks and logos, having received administrative penalties for more than two times, and illegally manufacturing and selling illegally manufactured registered trademarks and logos; 4. Using bribery and other illegal means to promote illegally manufactured registered trademarks and logos.
2. Which trademark infringements are considered “serious”? First, using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, and the illegal business turnover is more than 100,000 yuan. ; second, counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling more than 20,000 pieces (sets) of counterfeit or unauthorized registered trademarks; third, being punished twice by the industrial and commercial administration department for counterfeiting other people’s registered trademarks Administrative penalties for counterfeiting other people's registered trademarks; Fourth, using illegal means such as bribery to promote counterfeit trademarked goods or forged or unauthorized manufactured trademarks registered by others; Fifth, counterfeiting other people's registered human drug trademarks; Sixth , counterfeiting other people’s registered trademarks, causing negative social impact and international impact. In addition, criminals who conspire with criminals who counterfeit registered trademarks of others and provide them with convenient conditions for manufacturing, selling, using, warehousing, transporting, mailing, concealing, etc. will also be held criminally responsible for counterfeiting registered trademarks. The standards for filing cases and sentencing for trademark infringement should be handled by judicial organs after investigation and evidence collection. If criminal liability is constituted, punishment must be carried out through judicial judgment. However, if it does not constitute criminal liability, that is, if the crime of trademark infringement is minor and does not cause serious economic losses, the administrative department can impose penalties.