It is an illegal act and subject to punishment. The specific penalty standards are as follows:

1. Producing and selling counterfeit cigarettes, cigars and other tobacco specialty products, with a sales amount of more than 50,000 yuan , in accordance with the provisions of Article 140 of the Criminal Law, he was convicted and punished for the crime of producing and selling counterfeit and inferior products.

2. If the same trademark as the registered trademark is used on cigarettes, cigars and other tobacco specialty products without the permission of the registered trademark owner of cigarettes, cigars and other tobacco specialty products, if the circumstances are serious, the person shall be punished according to Article 1 of the Criminal Law. According to the provisions of Article 213, the person shall be convicted and punished for the crime of counterfeiting a registered trademark.

3. Anyone who knowingly sells cigarettes, cigars and other tobacco specialty products that are counterfeiting other people’s registered trademarks, and the sales amount is relatively large, shall be deemed to be selling counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law. Conviction and punishment for commodity crimes.

4. Anyone who forges or manufactures without authorization the registered trademarks of cigarettes or cigars of others or sells the registered trademarks of cigarettes or cigars that have been forged or manufactured without authorization, if the circumstances are serious, shall be punished in accordance with Article 215 of the Criminal Law. It stipulates that people will be convicted and punished for the crime of illegally manufacturing and selling illegally manufactured registered trademarks.

Legal basis:

"Tobacco Monopoly Law of the People's Republic of China"

Article 15 Enterprises engaged in the wholesale business of tobacco products must go through It must be approved by the tobacco monopoly administrative department of the State Council or the provincial tobacco monopoly administrative department, obtain a tobacco monopoly wholesale enterprise license, and be approved and registered by the industrial and commercial administrative department.

Article 16 Enterprises or individuals engaged in the retail business of tobacco products shall be reviewed, approved and issued a tobacco monopoly retail license by the industrial and commercial administrative department of the people's government at the county level based on the entrustment of the tobacco monopoly administrative department at the next higher level. certificate. Where a county-level tobacco monopoly administrative department has been established, the county-level tobacco monopoly administrative department may also review and approve the issuance of a tobacco monopoly retail license.

Article 32 Anyone who operates the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the industrial and commercial administration department to stop operating the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Article 37 If the smuggling of tobacco monopoly products constitutes the crime of smuggling, criminal liability shall be investigated in accordance with the relevant provisions of the Criminal Law; if the amount of smuggled tobacco monopoly products is not large and does not constitute the crime of smuggling, the smuggled goods shall be confiscated by the customs , articles and illegal gains, may be fined.

If staff members of tobacco monopoly administrative departments and tobacco companies take advantage of their positions to commit the crime in the preceding paragraph, they shall be severely punished in accordance with the law.