He shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and shall also be fined. According to the provisions of my country's criminal law and relevant judicial interpretations, if the benefits obtained from infringement of a registered trademark reach 1 million yuan, it is a particularly serious case and the person may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine. The criteria for registering cases of trademark infringement include: illegal business amount is more than 50,000 yuan or illegal income amount is more than 30,000 yuan; counterfeiting two or more registered trademarks, illegal business amount is more than 30,000 yuan or illegal income amount is 20,000 yuan The above; other serious circumstances.
Legal basis
Article 213 of the "Criminal Law" Crime of counterfeiting a registered trademark
Without the permission of the owner of the registered trademark, on the same kind of goods Whoever uses a trademark that is the same as his registered trademark shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined alone; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
Article 214 of the Criminal Law, the crime of selling goods with counterfeit registered trademarks
Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to three years in prison The following: fixed-term imprisonment or criminal detention, and concurrently or solely a fine; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently fined.