1. Whoever uses the same trademark as its registered trademark on the same commodity or service 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 only be fined;

2. 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.

The trademark has been infringed. How to deal with:

1, which shall be settled by the parties through consultation;

2, for trademark infringement disputes, the parties are unwilling to negotiate or negotiation fails, the trademark registrant or interested party may bring a lawsuit to the people's court, or request the administrative department for Industry and commerce to handle;

3. If a party refuses to accept the decision of the administrative department for industry and commerce, it may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution.

Legal basis: Article 57 of the Trademark Law of People's Republic of China (PRC).

Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.