In fact, there are many sentencing circumstances that need to be considered, and the specific sentencing amount is still based on an analysis of the circumstances of the case.

Legal Analysis

Trademark infringement is trademark infringement, which means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner. Or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. If the perpetrator sells goods that he knows or should have known are counterfeit registered trademarks, the natural person or legal person whose exclusive right to use the trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses. Liability for compensation is borne by behavior. The infringer usually has to bear the responsibility to stop the infringement. The perpetrator who knew or should have known that the infringement was infringement also bears the liability for compensation. If the circumstances are serious, you will also bear criminal responsibility. The exclusive right to use a trademark is generated through registration, during which it has gone through statutory procedures and strict review. Therefore, after the exclusive right to use a trademark is established, it should be protected within the scope of the law. Even a trademark that is considered improperly registered will be revoked before it is revoked. It should be so. The identification of similar trademarks or logos is an indispensable and important step in determining trademark infringement. Infringement can only be established if the two conditions of "similar trademark or logo" and "use on the same or similar goods" are met. Similar trademarks are different from identical trademarks. Although there are certain visual differences, they are similar to registered trademarks in other aspects such as pronunciation and meaning, and are enough to cause misunderstanding or confusion among consumers.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 213 Without the permission of the registered trademark owner, If a trademark that is the same as its registered trademark is used on any kind of goods or services, if the circumstances are serious, he 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 and not more than 10 years and shall also be fined.

Article 214: Whoever knowingly sells goods with counterfeit registered trademarks and obtains a relatively large amount of illegal income or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined; illegal If the amount of income is huge or there are other particularly serious circumstances, 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.