Legal analysis: Using someone else’s trademark for production is suspected of counterfeiting a registered trademark. This refers to serious behavior that violates national trademark management regulations and uses the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. The criminal subjects of this crime are general subjects and units, that is, any enterprise, institution or individual who counterfeits the registered trademark of others, and the circumstances meet the criminal standards, shall be deemed to be guilty of this crime. The object of infringement is other people's legitimate exclusive rights to registered trademarks and the national trademark management order; the subjective aspect is intentional and for profit. Negligence does not constitute this crime. Objectively speaking, the perpetrator has committed trademark counterfeiting prohibited by criminal law, and the circumstances are serious.

Legal basis: Article 213 of the "Criminal Law of the People's Republic of China" stipulates that without the permission of the owner of the registered trademark, the use of a trademark that is the same as the registered trademark on the same kind of goods or services shall 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 and not more than 10 years and shall also be fined.