If it constitutes the crime of counterfeiting a registered trademark, the perpetrator shall be sentenced to fixed-term imprisonment of not more than ten years. It is the state’s management system for trademarks and the exclusive right to register trademarks of others. The object of this crime is someone else’s registered trademark.

Standards for prosecution of the crime of counterfeiting registered trademarks:

Anyone who knowingly sells goods that are counterfeiting registered trademarks and is suspected of one of the following circumstances shall be prosecuted:

(1) The sales amount is more than 50,000 yuan;

(2) The goods have not yet been sold, and the value of the goods is more than 150,000 yuan;

(3) The sales amount is less than 50,000 yuan Ten thousand yuan, but the total value of the sales amount and the unsold goods is more than 150,000 yuan.

Determination criteria:

The crime of counterfeiting a registered trademark is the act of using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark. Without permission, you may not use the same or similar trademarks as others' registered trademarks on the same or similar goods. This is one of the contents of the exclusive right of registered trademarks. Failure to obtain the permission of the registered trademark owner includes the following specific situations:

1. The perpetrator has never obtained the permission of the registered trademark owner to use the registered trademark;

2. Although the perpetrator He has obtained the license from the owner of the registered trademark, but continues to use the trademark of the owner of the registered trademark after the expiration of the use period stipulated in the license contract;

3. Although the perpetrator has obtained the owner of the registered trademark However, because the licensee cannot guarantee the quality of the goods using the trademark, the license contract is terminated early, and the perpetrator continues to use the registered trademark after the contract is terminated;

4. Behavior Although the person obtained the permission to use the registered trademark, he used it beyond the scope of goods for which the registered trademark was permitted;

5. Although the actor obtained the permission to use the registered trademark, he used the registered trademark beyond the permitted scope. The geographical scope of use of the trademark. The so-called trademark refers to the words, graphics, letters, numbers, sounds, three-dimensional signs and colors used by natural persons, legal persons or other organizations on the goods they produce, manufacture, process, select or distribute or the services they provide. Or a combination thereof that is a visible sign with distinctive characteristics that can distinguish its goods or services from those of others. China adopts the registration principle to obtain exclusive rights to trademarks, that is, the ownership of trademark rights is determined based on the order in which registration is applied for. That is, whoever applies for trademark registration first will be granted the trademark rights. Due to the registration principle, only registered trademarks are protected by the Trademark Law, and 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 components of trademarks, Chinese trademarks can be divided into Word trademarks, graphic trademarks, letter trademarks, digital trademarks, three-dimensional logo trademarks, sound, color combination trademarks and combination trademarks; according to the common trademark types in the Chinese trademark registration application form, trademarks can be divided into general trademarks, collective trademarks and certification Three categories of trademarks. According to Article 213 of the Criminal Law, the crime of counterfeiting registered trademarks only includes commodity trademarks, not service trademarks.

Legal basis:

Article 213 of the Criminal Law of the People's Republic of China and the People's Republic of China. Use of the same kind of goods or services without the permission of the registered trademark owner If a trademark is identical with its registered trademark, if the circumstances are serious, the person 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, the person 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 220 If a unit commits a crime specified in Articles 213 to 219-1 of this section, the unit shall be fined and directly responsible for the crime. The person in charge and other persons directly responsible shall be punished in accordance with the provisions of each article in this section.