The crime of counterfeiting trademarks is generally sentenced to fixed-term imprisonment of not more than three years and a fine. Generally, counterfeiting registered trademarks with an amount of one million is considered a particularly serious case and is generally sentenced to fixed-term imprisonment of three to seven years. Suspended sentences can only be applied to fixed-term imprisonment of less than three years, so there is basically no chance of being sentenced to suspended sentences.

1. How long is the general sentence for the crime of counterfeiting trademarks? According to Article 213 of the Criminal Law, using 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, 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 and not more than ten years and shall also be fined. (1) If a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, and any of the following circumstances occurs, it is a "serious circumstance" stipulated in Article 213 of the Criminal Law and shall be punished as counterfeiting The crime of registered trademark shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined: 1. The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan; 2. Counterfeiting two or more registered trademarks, illegal The business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan; 3. Other serious circumstances. (2) Anyone who has any of the following circumstances, which falls under the “particularly serious circumstances” stipulated in Article 213 of the Criminal Law, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting registered trademarks: 1. Illegal The amount of business is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan; 2. Counterfeiting two or more registered trademarks, the amount of illegal business is more than 150,000 yuan or the amount of illegal income is more than 100,000 yuan; 3. Other particularly serious circumstances. (3) If the person commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods with the counterfeit registered trademark, which constitutes a crime, he shall be charged with the crime of counterfeiting a registered trademark in accordance with the provisions of Article 213 of the Criminal Law. Conviction and punishment. (4) If the person commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods that he knows are counterfeit registered trademarks of others, which constitutes a crime, he shall be punished for several crimes together. (5) If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the relevant provisions of the criminal law.

2. How to determine the crime of counterfeiting a registered trademark (1) How to understand "without the permission of the registered trademark owner" The crime of counterfeiting a registered trademark is manifested in using the same product on the same product without the permission of the registered trademark owner. The act of registering a trademark identical to the 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 has obtained the permission to use the registered trademark owner, but after the permission is granted, After the expiration of the use period stipulated in the use contract, the actor continues to use the trademark of the registered trademark owner; 3. Although the actor has obtained the permission to use the registered trademark owner, the licensee cannot guarantee the quality of the goods using the trademark. The license contract was terminated early, and the actor continued to use the registered trademark after the contract was terminated; 4. Although the actor obtained the permission to use the registered trademark from the owner, it used it beyond the scope of the goods for which the registered trademark was permitted to be used; 5. Although the actor Permission has been obtained from the owner of the registered trademark to use it beyond the scope of the permitted use of the registered trademark. (2) The difference between the crime of counterfeiting registered trademarks and the crime of producing and selling counterfeit and inferior goods. The crime of counterfeiting registered trademarks infringes on the national trademark management system and is a serious act of counterfeiting trademarks; the crime of counterfeiting registered trademarks infringes on the national management system for product quality and is implemented on products. The act of adulterating fake products with fake ones, passing off fake products as good ones, or passing off substandard products as qualified products. For those who use counterfeit registered trademarks to produce and sell counterfeit and inferior goods, and the sales amount is extremely large or cause serious consequences, it violates not only the crime of producing and selling counterfeit goods, but also the crime of counterfeiting trademarks. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted.

To sum up, the crime of counterfeiting trademarks is generally punishable by a fixed-term imprisonment of not more than three years and a fine. The infringer will generally be required to immediately stop the infringement, and the infringing goods will be confiscated or destroyed, and the infringer may be fined. At the same time, compensation should also be provided to the infringed party.