What's the difference between the crime of illegally manufacturing and selling illegally manufactured registered trademarks and the crime of counterfeiting registered trademarks?
1, the objective behavior is different. The crime of counterfeiting a registered trademark objectively shows that the actor uses the same trademark as his registered trademark on the same commodity or service without permission. On the one hand, counterfeit registered trademarks are required to be applied to goods that are the same as or similar to registered trademarks; On the other hand, counterfeit registered trademarks can be applied to the field of commercial services. The crime of illegally manufacturing and selling illegally manufactured registered trademarks generally does not include the field of commercial services;
2, the behavior object or carrier is different. The crime of counterfeiting registered trademarks is a crime against commodities or commercial services. The object of the crime of illegally manufacturing and selling illegally manufactured registered trademark marks is the registered trademark marks of others. The so-called trademark logo refers to the material carrier with trademark pattern, trademark registration mark, the words "registered trademark", registered trademark mark, approved registered name, etc. , such as trademark paper, trademark paper, trademark tape, etc. It is an identification mark indicating the salient features of a registered trademark, including:
(1) The words "registered trademark" marked on the goods or on the packaging, instructions and other accessories of the goods, or the marks of registered trademarks and marks;
(2) Graphics of registered trademarks printed on commodities or packages, that is, characters, letters, graphics and their combination patterns of registered trademarks;
Legal basis: Article 2 13 of the Criminal Law of People's Republic of China (PRC).
The crime of counterfeiting a registered trademark uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.