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Standards for Filing Criminal Cases of Trademark Infringement

Legal analysis:

The criteria for filing a case are:

(1) The amount of illegal business operations is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;

(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan;

(3) Other serious circumstances situation.

Legal basis:

"Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 69: Cases of Counterfeiting Registered Trademarks ( Criminal Law Article 213) Anyone who uses the same trademark as his registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and is suspected of one of the following circumstances, shall file a case for prosecution:

( 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, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 30,000 yuan; More than 20,000 yuan;

(3) Other serious circumstances.

Article 213 of the Criminal Law of the People's Republic of China and the People's Republic of China: The Crime of Counterfeiting a Registered Trademark

Using the same product on the same product without the permission of the owner of the registered trademark Registered trademarks with the same trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.