Legal analysis: According to the provisions of the Criminal Law, counterfeiting or unauthorized manufacture of another person's registered trademark logo or sale of a forged or unauthorized registered trademark logo constitutes the crime of counterfeiting a registered trademark. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. To constitute the crime of counterfeiting a registered trademark, the following conditions shall be met: 1. Using another person's registered trademark without the permission of the registered trademark owner. 2. The actor objectively wants to use the same trademark as the registered trademark of others on the same commodity. That is, the trademark is the same, and the goods using the trademark are the same. These two conditions must be met at the same time. Anyone suspected of one of the following circumstances shall be prosecuted: (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 amount of more than 20,000 yuan; (3) Other serious circumstances. Under any of the following circumstances, the circumstances are particularly serious: (1) the amount of illegal business operation is more than 250,000 yuan or the amount of illegal income is more than150,000 yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or an illegal income amount of more than 100,000 yuan; (3) Other circumstances.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 213 Whoever, without the permission of the registered trademark owner, uses a trademark identical to its registered trademark on the same commodity, 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 shall only, be fined for not less than three years but not more than seven years.
Article 214 Whoever knowingly sells goods with counterfeit registered trademarks in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined a huge amount, be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.