Standards for transfer of suspected criminal cases of trademark infringement: If the same trademark as the registered trademark is used on the same product, and any of the following circumstances is suspected, a case should be filed for prosecution and directly transferred to the People's Procuratorate and the People's Court: ( 1) The amount of illegal business is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan; (2) The amount of counterfeiting two or more registered trademarks is more than 30,000 yuan or the amount of illegal income is more than 20,000 yuan; (3) Other serious circumstances.
Legal Basis
Article 52 of the Trademark Law of the People's Republic of China
Anyone who commits any of the following acts shall be deemed to have infringed upon the registration. The right to exclusive use of a trademark: (1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant (2) Selling goods that infringe the exclusive right to use a registered trademark (3) Counterfeiting, Producing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks (4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market (5) Giving registered trademarks to others The exclusive right causes other damage.