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Trademark infringement sentencing standards

Legal analysis: Sentencing standards for trademark infringement: 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 will be sentenced to fixed-term imprisonment of not more than three years, and A fine may or may not be imposed. If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts is an infringement of the exclusive right to register a trademark:

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

(2) Using the same kind of trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Giving Other damages caused by the exclusive right to use registered trademarks of others.