Legal analysis: If the same trademark as the registered trademark is used on cigarettes, cigars and other tobacco specialty products without the permission of the registered trademark owner of cigarettes, cigars and other tobacco specialty products, if the circumstances are serious, the criminal law will apply. According to the provisions of Article 213, the person shall be convicted and punished for the crime of counterfeiting a registered trademark.
Legal basis: Article 225 of the "Criminal Law of the People's Republic of China" The following fixed-term imprisonment or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, shall be sentenced to not less than five years of fixed-term imprisonment and concurrently a fine of not less than one time but not more than five times the illegal income, or confiscation of property: (1) ) Operating special items or other restricted items as stipulated in laws and administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approvals stipulated in laws and administrative regulations documents; (3) illegally operating securities, futures, and insurance businesses without the approval of relevant state authorities, or illegally engaging in fund payment and settlement business; (4) other illegal business activities that seriously disrupt market order.