Current location - Trademark Inquiry Complete Network - Trademark registration - Self-employed people selling fake goods don’t know how much the fine will be
Self-employed people selling fake goods don’t know how much the fine will be

The fine for selling counterfeit and shoddy products is twice the amount based on the sales amount. Specific penalties for selling counterfeit and shoddy products will be determined based on the actual sales amount involved. If the sales amount is less than 200,000 yuan, the penalty will generally be sentenced to less than two years in prison.

Anyone who adulterates or adulterates a product, passes off a fake product as genuine, a substandard product as a good product, or passes off a substandard product as a qualified product, shall be ordered to stop production and sales, and the illegally produced and sold products shall be confiscated, and A fine of not less than 50% but not more than three times the value of the products produced or sold illegally shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

1. What crime is committed by selling fake goods as genuine goods?

Selling fake goods as genuine goods will constitute the crime of producing and selling fake and shoddy products.

Anyone who adulterates or adulterates a product, passes off a fake product as genuine, a substandard product as a good product, or passes off a substandard product as a qualified product, shall be ordered to stop production and sales, and the illegally produced and sold products shall be confiscated, and A fine of not less than 50% but not more than three times the value of the products produced or sold illegally shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

2. If a self-employed person sells counterfeit goods without knowing it, he is not suspected of infringing on trademark rights.

If the owner of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the ground that the owner of the exclusive right to the registered trademark has not used the registered trademark, the People's Court may require the owner of the exclusive right to the registered trademark to provide information on the actual use of the registered trademark within the previous three years. Evidence of trademarks. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation. If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of the Trademark Law of the People's Republic of China and the People's Republic of China on commodity trademarks apply to service trademarks.

Legal basis:

Article 22 of the "Trademark Law of the People's Republic of China" Trademark registration applicants shall fill in the product category for which the trademark is used according to the prescribed product classification table and product name, submit an application for registration. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.

Article 28: For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement shall be made.

Article 40 If a registered trademark has expired and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with regulations within twelve months before expiration. If the application cannot be processed during this period, a six-month grace period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office shall announce the renewal of registered trademarks.

Article 50 of the "Law of the People's Republic of China and Domestic Product Quality"

Adult or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off products as good products. If a substandard product passes off as a qualified product, it shall be ordered to stop production and sales, the illegally produced and sold products shall be confiscated, and a fine of not less than 50% but not more than three times the value of the illegally produced or sold products shall be imposed; if there is illegal income, the Illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law.