Mirroring someone else’s trademark is considered “trademark infringement”. The natural person or legal person who has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.

In order to prevent infringement, if the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the People's Court to preserve evidence before filing a lawsuit in accordance with the law. If the use of the same trademark as the registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law. 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.

If someone counterfeits someone else’s registered trademark by misappropriation, the punishment will depend on the specific circumstances:

1. In the case of administrative penalties, misappropriating someone else’s registered trademark does not constitute a crime. Penalties will be imposed based on the circumstances of the infringement. If the circumstances are relatively minor, the infringement will be ordered to stop immediately, the illegal income will be confiscated, and the tools used to commit the crime will be confiscated. The fine will be a certain multiple based on the illegal business volume;

2. In the case of criminal punishment, if the circumstances of counterfeiting a registered trademark are serious, it will constitute the crime of counterfeiting a registered trademark in the "Criminal Law". The basic penalty is fixed-term imprisonment of less than three years or criminal detention;

3. Civil In the case of compensation, if you infringe on someone else's registered trademark, you will be liable for civil compensation. If there is any loss, compensation will be based on the actual loss. If there is any objection to the compensation, it can be resolved through litigation.

Misappropriating someone else’s registered trademark is an act of counterfeiting a registered trademark, which constitutes trademark infringement. There are three legal responsibilities that need to be borne. The specific responsibilities will be determined based on the circumstances of the infringement.

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 fines