The crime of counterfeiting registered trademarks.

If the perpetrator both produces goods with counterfeit registered trademarks and sells such goods, he should be punished for the crime of counterfeiting registered trademarks. If he only sells, he will be suspected of selling goods with counterfeit registered trademarks.

1. Its constituent elements or criminal characteristics:

1) The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual counterfeits someone else’s registered trademark, and the circumstances meet the criminal standards constitutes the crime.

2) The object of infringement of this crime is the legitimate exclusive right to use registered trademarks of others and the national trademark management order;

3) The subjective aspect of this crime is intentional and for the purpose of profit. . Negligence does not constitute this crime.

4) The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.

2. How to identify registered trademarks in the sense of criminal law:

? my country adopts the registration principle to obtain exclusive rights for trademarks. Only registered trademarks are protected by the Trademark Law. Unregistered trademarks are not protected. In China, registered trademarks can be classified differently according to different standards: According to the objects for which the trademarks are used, Chinese trademarks can be divided into two categories: commodity trademarks and service trademarks; according to the provisions of Article 213 of the Criminal Law, the crime of counterfeiting a registered trademark The crime targets only include product trademarks, not service trademarks.

3. Objective elements: Without the permission of the registered trademark owner

Specific circumstances: The perpetrator has never obtained the permission of the registered trademark owner to use the registered trademark; although the perpetrator has A license has been obtained but the user continues to use the trademark after the expiration of the period of use; although the perpetrator has obtained a license, but the license contract is terminated in advance, the perpetrator still continues to use the registered trademark; although the perpetrator has obtained the license Permission is granted, but the use exceeds the scope of the goods for which the registered trademark is permitted to be used; although the perpetrator obtains the permission to use the registered trademark, it is used beyond the geographical scope for which the registered trademark is permitted to be used.

IV. Differences from the crime of producing and selling counterfeit and shoddy goods

The crime of selling fake and shoddy goods violates the state’s management system for commodity quality, and involves adulteration of products to make them fake, confusing the genuine with the fake, and using the fake to confuse the genuine. The act of passing off substandard products as good ones or passing off substandard products as qualified products.

If the perpetrator has committed not only the crime of producing and selling counterfeit goods, but also the crime of counterfeiting trademarks. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted and sentenced.

5. How to judge whether a counterfeit trademark and a registered trademark are “basically the same”?

A basic criterion: use the general attention of ordinary consumers as the subjective standard of judgment, and adopt a comprehensive judgment method that combines overall comparison with comparison of significant parts of the trademark. If ordinary consumers (not professionals or Industry personnel in the field of the product) believe that when comparing two trademarks, there is no difference or visual difference in words, graphics, or the combination of words and graphics, and the two trademarks are "identical" trademarks; if ordinary consumers think that the two trademarks are similar, By comparison, if the glyphs, pronunciation, and meaning of words, or the composition and color of graphics, or the overall structure of words and graphics are similar, then they are similar trademarks. For example, the number of feathers on the tail of the Phoenix pattern in the Phoenix bicycle trademark is 12. If the perpetrator only changes the number of feathers to 13 or 11, and the color, size, structure and other aspects of the composition are exactly the same as the registered trademark, then For ordinary consumers, this difference in number of feathers is difficult to distinguish, and counterfeit trademarks are "basically the same" as registered trademarks.