If the circumstances of trademark infringement are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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 seven years, and concurrently fined.

Legal Analysis

If the circumstances of trademark infringement are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and also or solely a fine; if the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than seven years. Imprisonment and a fine. According to relevant laws and regulations, anyone who uses the same trademark as the registered trademark on the same goods or services without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or shall be fined; if the circumstances are particularly serious, , shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. Anyone who knowingly sells goods with counterfeit registered trademarks and the amount of illegal gains is relatively large or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, and may also be fined; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to three years in prison The offender shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years and shall also be fined. Whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks shall, if the circumstances are serious, 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 but not more than ten years. imprisonment, and a fine. Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 213 The crime of counterfeiting a registered trademark without the registration of the trademark owner License, use the same trademark as the registered trademark on the same kind of goods or services. If the circumstances are serious, he 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 but not more than 10 years. and impose a fine.

Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or a fine alone; if the amount of illegal gains is huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

Article 215: The crime of illegally manufacturing and selling illegally manufactured registered trademarks and signs. Counterfeiting and unauthorized production of registered trademarks and signs of others, or selling forged and unauthorized registered trademarks and signs. If the circumstances are serious, he shall be punished with a three-year fine. A person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years in addition to or solely a fine; if the circumstances are particularly 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.