This crime of counterfeiting a registered trademark can be referred to in Article 213 of the Criminal Law. If a trademark identical to its registered trademark is used on the same commodity without the permission of the registered trademark owner, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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 seven years and shall also be fined. According to the provisions of this article, the crime of counterfeiting a registered trademark should meet the following conditions: 1. The actor uses another person's registered trademark without the permission of the registered trademark owner. "Registered trademark owner" means the trademark registrant. In China, where an application for trademark registration is filed according to law and approved by the Trademark Office, the applicant for trademark registration becomes the owner of the registered trademark. "Without the permission of the registered trademark owner" as mentioned in this article means that the actor uses another person's registered trademark without the consent of the registered trademark owner. This is a prerequisite for this crime. According to Article 26 of the Trademark Law, a trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. If the actor has obtained the permission of the registered trademark owner, but only fails to go through the relevant formalities according to legal procedures, it cannot be considered as a crime. 2. If it constitutes a crime as stipulated in this article, the actor objectively wants to use the same trademark as another person's registered trademark on the same commodity. That is, the trademark is the same, and the goods using the trademark are of the same kind. These two conditions must be met at the same time. If the actor uses a trademark similar to another person's registered trademark on the same commodity, or uses a trademark similar to another person's registered trademark on similar commodities, or uses a trademark similar to another person's registered trademark on similar commodities, it is a trademark infringement and does not constitute this crime. Without the permission of the registered trademark owner, anyone who uses the same trademark on the same commodity is suspected of one of the following circumstances, and shall be prosecuted: 1. Individuals counterfeit registered trademarks of others, and the illegal business amount is more than 1, yuan; 2, the unit counterfeit registered trademarks of others, the amount of illegal business in more than five hundred thousand yuan; 3. Counterfeiting other people's well-known trademarks or pharmaceutical trademarks for human use; 4, although not up to the above amount standard, but because of counterfeiting registered trademarks of others, received administrative punishment for more than two times, and counterfeiting registered trademarks of others; 5. Causing adverse effects. Criminal responsibility does have a prosecution period. 1. If the statutory maximum penalty is less than five years in prison, the limitation period for prosecution is five years; 2. If the statutory maximum penalty is fixed-term imprisonment of not less than 5 years but not more than 1 years, the limitation period for prosecution is 1 years; 3. If the statutory maximum penalty is fixed-term imprisonment of more than 1 years, the limitation period for prosecution is 15 years; 4. If the statutory maximum penalty is life imprisonment or death penalty, the limitation period for prosecution is 2 years. If it is deemed necessary to prosecute after 2 years, it can still be prosecuted after being submitted to the Supreme People's Procuratorate for approval. Civil liability prosecution period: 2 years, counting from the date when the obligee knows or should know that it has been infringed. Basis: Article 38 of the Trademark Law commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark: (3) Forging or unauthorized manufacturing of another person's registered trademark logo or selling forged or unauthorized registered trademark logo; Article 39 Where one of the acts listed in Article 38 of this Law infringes on the exclusive right to use a registered trademark, the infringed person may request the administrative department for industry and commerce at or above the county level to handle it, and the relevant administrative department for industry and commerce has the right to order the infringer to stop the infringement immediately and compensate the infringed person for the losses. The amount of compensation is the profits gained by the infringer during the infringement period or the losses suffered by the infringed person during the infringement period. If he violates the exclusive right to use a registered trademark, which does not constitute a crime, the administrative department for industry and commerce may impose a fine. Where the exclusive right to use a registered trademark is infringed, the infringed person may also directly bring a suit in a people's court. Article 4 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 case constitutes a crime, he shall be investigated for criminal responsibility according to law in addition to compensating the losses of the infringed party. Article 215 of the Criminal Law: 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, criminal detention or public surveillance, 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 seven years and shall also be fined. Under any of the following circumstances, it is "serious": (1) The amount of illegal business operation is more than 5, yuan or the amount of illegal income is more than 3, yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 3, yuan or an illegal income of more than 2, yuan; (3) Other serious circumstances. Under any of the following circumstances, the case is "especially serious": (1) The amount of illegal business operation is more than 25, yuan or the amount of illegal income is more than 15, yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 15, yuan or an illegal income amount of more than 1, yuan; (3) Other particularly serious circumstances.