Current location - Trademark Inquiry Complete Network - Trademark registration - Sentencing standard of illegal manufacturer's target
Sentencing standard of illegal manufacturer's target
whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined.

according to the laws of our country, the crime of illegally manufacturing the logo of a registered trademark shall be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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 seven years and shall also be fined.

The constitutive elements of the crime of illegally manufacturing a registered trademark logo include:

1. Object elements. The object of this crime is the national trademark management system and the exclusive right of others to register a trademark;

2. objective elements: this crime is objectively manifested as a serious act of violating trademark management regulations, forging or making registered trademarks of others without authorization, or selling forged or made trademarks without authorization;

3. Main elements: the subject of this crime is an enterprise, institution or individual, either a legal person or an unincorporated person; Individuals include individual industrial and commercial households with industrial and commercial business licenses and other individuals without business licenses;

4. Subjective elements. Subjectively, this crime can only be intentional, that is, knowingly forging a registered trademark of another person, knowingly overproducing it in violation of the provisions of the registered trademark printing entrustment contract, or knowingly selling it. Negligence cannot constitute this crime.

I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 215 of the Criminal Law

Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall 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 seven years, and shall also be fined Article 215 of the Criminal Law

for forging, manufacturing or selling a registered trademark logo of another person without authorization; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall 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 seven years and shall also be fined.