This crime is objectively manifested as a serious act of forging or altering another person's registered trademark logo or selling a forged or altered trademark logo without authorization in violation of trademark management laws and regulations.
With regard to sales behavior, only the sale of goods with forged or unauthorized registered trademarks may constitute this crime. If what is sold is not forged or manufactured without authorization, such as selling one's own trademark logo or others' real registered trademark logo, it does not constitute this crime.
Forging, manufacturing and selling without authorization must be an act in violation of trademark management laws and regulations in order to constitute this crime. If there is no violation of trademark management laws and regulations, even if there is forgery or unauthorized manufacture and sale, it cannot be punished as this crime. If it is an unregistered trademark logo or an expired registered trademark logo, it does not constitute this crime.
Legal basis: Article 215 of the Criminal Law of People's Republic of China (PRC), whoever forges or makes another person's registered trademark logo without authorization or sells the forged or made registered trademark logo 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 or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.