1, forged or fraudulently used certification marks, brand-name product marks, inspection-free marks and other quality marks and licensing marks.
2. Forge or use false origin.
3. Forge or use others' factory name and address.
4. Counterfeiting the registered trademark of others.
5, doping, adulteration, shoddy, shoddy
6. Failure and deterioration
7. There are unreasonable dangers that endanger human health and personal and property safety.
8. The indicators displayed do not match the actual situation.
9, the relevant laws and regulations of the state explicitly prohibit the production and sale.
Sentencing standards for the crime of counterfeiting trademarks;
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 constitutive elements of the crime of counterfeiting trademarks are as follows:
1, the object of infringement: the exclusive right of others to register a trademark and the national trademark management system;
2. Objectively speaking, it is a serious act of using the same trademark on the same commodity without the permission of the registered trademark owner in violation of the national trademark management regulations;
3. Subject of crime: both individuals and units can be subject of crime;
4. Subjective aspect: it is intentional. In practice, it has the purpose of making profits or seeking illegal interests.
To sum up, generally speaking, for a registered trademark, if others need to use it, they must first obtain the consent of the trademark owner. Otherwise, the use of the same trademark as another person's registered trademark on the same commodity may be considered as the above-mentioned crime of counterfeiting registered trademarks when it reaches the serious circumstances stipulated by law. At this time, in addition to criminal liability, it may be necessary to make corresponding civil compensation to the trademark owner.
Legal basis:
Article 2 13 of the Criminal Code of People's Republic of China (PRC).
The crime of counterfeiting a registered trademark uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; 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.
Article 2 14
Crime of selling goods with counterfeit registered trademarks If the amount of illegal income from selling goods that are knowingly counterfeit registered trademarks is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.