The sale of high imitation goods is suspected to constitute the crime of selling counterfeit registered trademark goods, and will be subject to criminal punishment according to law. According to the regulations, those who knowingly sell goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the sales amount is huge, 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.

Does selling high imitation clothes infringe trademark rights?

If the clothes already have a registered trademark, selling high imitation clothes infringes the trademark right, which is illegal.

According to the "Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC)"

Article 50 Any of the following acts is an act of infringing the exclusive right to use a registered trademark as mentioned in Item (5) of Article 52 of the Trademark Law:

(a) the name of the commodity or the decoration purpose of the commodity mislead the public;

(2) Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment. For infringing upon the exclusive right to use a registered trademark of others.

Article 51 Anyone who infringes upon the exclusive right to use a registered trademark may complain or report to the administrative department for industry and commerce.

Article 52 The amount of fine for infringement of the exclusive right to use a registered trademark shall be less than 3 times of the illegal business amount; If the illegal business amount cannot be calculated, the fine amount shall be less than 654.38+10,000 yuan.

What is the standard for filing and prosecuting the crime of counterfeiting registered trademarks?

(a) without the permission of the registered trademark owner, the use of the same trademark on the same commodity is suspected of one of the following circumstances, and shall be filed for prosecution:

1, the amount of illegal business operation is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;

2. Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan;

3. Other serious circumstances.

(2) Where a trademark identical to its registered trademark is used on tobacco monopoly products such as cigarettes and cigars without the permission of the registered trademark owner, if the circumstances are serious, it shall be convicted and punished for the crime of counterfeiting a registered trademark in accordance with Article 2 13 of the Criminal Law.

Legal basis:

Article 140 of the criminal law

Producers and sellers who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.