Counterfeiting of trademarks refers to the act of deliberately using another person’s registered trademark on the same or similar goods without the consent of the owner of the registered trademark. There is a strict distinction between counterfeit trademarks and shoddy goods. Fake and shoddy goods are about product quality, while counterfeit trademarks are about infringement of intellectual property rights and the exclusive rights of trademarks protected by trademark law. On February 22, 1993, the 30th meeting of the Standing Committee of the Seventh National People's Congress passed the Supplementary Provisions on Punishing the Crime of Counterfeiting Registered Trademarks. The crime of counterfeiting a registered trademark is stipulated as follows: A. Using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and the illegal income is large or there are other serious circumstances; B. Selling goods that are knowingly counterfeit and registered Trademarked goods, the amount of illegal gains is relatively large; C. Counterfeiting or unauthorized manufacturing of registered trademarks of others, or selling counterfeit or unauthorized registered trademarks, the amount of illegal income is relatively large, or there are other serious circumstances.

The handling of counterfeit trademarks is divided into two situations: one is the handling of counterfeiting trademarks that do not constitute a crime; the other is the handling of the crime of counterfeiting trademarks. The handling of trademark counterfeiting that does not constitute a crime is basically the same as the handling of infringing acts and methods. Anyone who constitutes counterfeiting someone else's registered trademark may file a complaint with the industrial and commercial administration or the procuratorial organ. If the accuser is reported to the industrial and commercial administrative authorities, the industrial and commercial administrative authorities will handle the case as a general infringement and transfer the person directly responsible for the crime to the people's procuratorate for investigation of criminal liability. Counterfeit trademark