1. How to sentence trademark infringement
1. The sentence for trademark infringement is as follows:
(1) The crime of counterfeiting a registered trademark will generally be punished by less than three years.
(2) The crime of selling goods with counterfeit registered trademarks shall be punished with fixed-term imprisonment of not more than three years, and shall also be sentenced to a fine or solely;
( 3) The crime of illegally manufacturing and selling illegally manufactured registered trademarks shall be punished with imprisonment of not more than three years and concurrently or solely with a fine.
2. Legal basis: Article 213 of the "Criminal Law of the People's Republic of China"
Without the permission of the registered trademark owner, the same kind of goods or services If a trademark that is the same as its registered trademark is used on the Internet, if the circumstances are serious, he or she 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.
2. What are the circumstances of trademark infringement
1. Using the same or similar trademark on the same or similar goods without the permission of the trademark registrant ;
2. Selling goods that infringe the exclusive rights of registered trademarks;
3. Forging or manufacturing others’ registered trademarks without authorization or selling counterfeit or manufacturing others’ registered trademarks without authorization;
4. Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market again;
5. On the same or similar goods, the Using signs that are identical or similar to others’ registered trademarks as product names or product decorations to mislead the public;
6. Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of others’ registered trademarks ;
7. Causing other damage to the exclusive right to use registered trademarks of others.