Object elements. The object of this crime is the national trademark management system and the exclusive right of others to register trademarks. The object of this crime is the registered trademark of others. The so-called trademark logo refers to the material carrier with trademark pattern, trademark registration mark, registered trademark text, registered trademark mark, registered name and so on. , such as trademark paper, trademark paper, trademark tape, etc. It is an identification mark indicating the distinctive features of a registered trademark, including: (1) the words or marks of the registered trademark and the registration mark marked on the commodity or the packaging, instructions and other accessories of the commodity; (2) Graphics of registered trademarks printed on commodities or packages, that is, characters, letters, graphics and their combination patterns of registered trademarks; (3) the specific name and appearance of the goods that have been approved and registered by the Trademark Office or can act as trademarks. If a trademark expires or is cancelled for other reasons, its logo cannot be the object of this crime. The object of this crime must be the trademark of others. If it is your own trademark, you can't forge it or make it without authorization. Objective elements. This crime is objectively manifested as a serious act of forging or altering another person's registered trademark logo or selling a forged or altered trademark logo without authorization in violation of trademark management laws and regulations. Theme elements. The subject of this crime is an enterprise, institution or individual, and the unit can be a legal person or an unincorporated person. Individuals include both individual industrial and commercial households with business licenses and other individuals without business licenses. Subjective factors. Subjectively, this crime can only be intentional, that is, knowingly forging another person's registered trademark, or intentionally overproducing another person's registered trademark in violation of the provisions of the entrustment contract for printing registered trademarks, or knowingly selling another person's registered trademark. Negligence cannot constitute this crime. If a printing unit is deceived or deceived by an actor who intentionally forges or makes another person's registered trademark logo without authorization, it does not constitute this crime. However, if the printing unit knowingly forges or makes it without authorization for some purpose, it still constitutes this crime. If they collude in advance, it constitutes this crime. It does not constitute this crime to sell goods with registered trademarks that are knowingly forged or manufactured by others. If the seller colludes with the forged or unauthorized manufacturer for the same purpose in advance, and then helps others to sell the forged or unauthorized registered trademark logo, the sales behavior at this time is part of the forged or unauthorized manufacturing behavior, and the seller is convicted of the crime of illegally manufacturing the registered trademark logo, but not independently convicted of selling the illegally manufactured registered trademark logo.

legal ground

Criminal law of the people's Republic of China

Article 215 Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.