Trademark misappropriation violates the "Criminal Law" and may be suspected of counterfeiting registered trademarks. Generally, the person shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. , and impose a fine. The crime of counterfeiting registered trademarks refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark.

1. Misappropriating someone else’s trademark is considered “trademark infringement”. The natural person or legal person who has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses. If the circumstances are serious, criminal liability will also be borne. my country’s Criminal Law has provisions specifically targeting intellectual property crimes.

2. (1) Crime of counterfeiting registered trademarks. According to Article 213 of the Criminal Law, whoever uses the same trademark as the registered trademark on the same kind of goods 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 solely be sentenced to a fixed-term imprisonment of not more than three years. shall be fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

(2) The crime of selling goods with counterfeit registered trademarks. According to Article 214 of the Criminal Law, anyone who knowingly sells 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 solely be fined; if the sales amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

(3) The crime of illegally manufacturing and selling illegally manufactured registered trademarks. According to Article 215 of the Criminal Law, whoever forges or manufactures without authorization a registered trademark of another person or sells a registered trademark that has been forged or manufactured without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or single shall be fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

What kind of criminal law is violated by misappropriating trademarks?

Misappropriating trademarks violates the "Criminal Law" and may be suspected of counterfeiting registered trademarks. Generally, the person shall be sentenced to fixed-term imprisonment of not more than three years, and may also be fined; in special circumstances If serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. The crime of counterfeiting registered trademarks refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China

Using the same kind of goods or services without the permission of the registered trademark owner If a trademark is identical with its registered trademark, if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.