If it is the same trademark, selling and operating a certain number will constitute the crime of counterfeiting registered trademarks and will be jailed; If it is a scratch, it is an approximate trademark, but it is not exactly the same trademark. You don't have to go to jail, but the trademark owner has the right to ask you to stop the infringement and compensate for the losses. For the crime of counterfeiting registered trademarks, see Article 2 13 of the Criminal Law. Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, 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. Using the same trademark on the same commodity without the permission of the registered trademark owner is suspected of one of the following circumstances: 1. Individuals counterfeit registered trademarks of others, and the illegal business amount is more than 100,000 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 more than two administrative penalties, and counterfeiting registered trademarks of others; 5. Have a bad influence