I believe we have all seen large and small infringement cases. In these infringement cases, the law has different amounts of compensation. Bajie Intellectual Property Trademark Transfer Network would like to say that trademarks are intangible assets of enterprises. For various trademark infringements that emerge one after another, enterprises should correctly understand the value of trademarks, and only then can they pay attention to trademarks in a fundamental sense. Once an enterprise discovers that its trademark rights have been infringed by others, it must actively obtain evidence and take legal means to protect its trademark rights. Ignoring it is tantamount to indulgence, so do you know what the legal fines for trademark infringement are? Below, the editor of Bajie Intellectual Property will give you an analysis:

Infringement refers to using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, under the following circumstances: 1. Behaviors:

(1) The amount of illegal business operations 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, The amount of illegal business operations is more than 30,000 yuan or the amount of illegal income is more than 20,000 yuan;

(3) Other serious circumstances.

The constituent elements of the crime of counterfeiting registered trademarks are:

1) The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual counterfeits the registered trademark of others, and the circumstances meet the criminal standards constitutes the crime.

2) The object of this crime infringement is the legitimate exclusive right to use registered trademarks of others and the national trademark management order;

3) The subjective aspect of this crime is intentional and for the purpose of profit. . Negligence does not constitute this crime.

4) The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious. The difference from the crime of producing and selling counterfeit and inferior goods: the former crime violated the national trademark management system and committed serious acts of counterfeiting trademarks; the latter crime violated the national management system for commodity quality and committed adulteration of products to make them fake, to confuse the genuine with the fake, and to The act of passing off substandard products as good ones or passing off substandard products as qualified products.

For those who use counterfeit registered trademarks to produce and sell fake and shoddy goods, and the sales amount is extremely large or causes serious consequences, it is not only a crime of producing and selling fake and shoddy goods, but also a crime of counterfeiting trademarks, and it is also a crime of counterfeiting trademarks. It has had a negative impact on society. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted and sentenced. The editor recommends that companies should follow the "right track" of branding and not easily infringe on other people's trademarks.

In the above-mentioned situations, the sentencing standards are based on:

1. Article 213 of the Criminal Law, without the permission of the registered trademark owner, using the same product on the same kind of goods without the permission of the registered trademark owner. Registered trademarks with the same 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 be fined, or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

2. Judicial interpretation: Without the permission of the registered trademark owner, using the same trademark as the registered trademark on the same kind of goods falls under any of the following circumstances, which falls under the provisions of Article 213 of the Criminal Law If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting registered trademarks, and shall also be fined or shall be fined only:

(1) The amount of illegal business operations is more than 50,000 yuan or the amount of illegal income The amount is more than 30,000 yuan;

(2) Counterfeiting two or more registered trademarks, the amount of illegal business is more than 30,000 yuan or the amount of illegal income is more than 20,000 yuan;

(3) Other serious circumstances. Anyone who has any of the following circumstances is considered to be a "particularly serious case" as stipulated in Article 213 of the Criminal Law and shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting a registered trademark:

(1) The illegal business amount is more than 250,000 yuan or the illegal income amount is more than 150,000 yuan;

(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 150,000 yuan The amount of illegal income exceeds RMB 100,000;

(3) Other particularly serious circumstances.

If you have other trademark issues, you should choose a reliable trademark agency. You should not do things behind closed doors and cause losses to the company! Trademarks are the lifeblood of the market. If you successfully register a trademark, the market for your company's products will be smooth. Welcome to consult Zhejiang Bajie Intellectual Property Trademark Transfer Network. With 17 years of professional experience, we are a trademark agency that has been featured on CCTV. You can log in to our official website or Call the 24-hour customer service hotline: Consult us!