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Counterfeit and counterfeit trademarks

Legal analysis: Counterfeiting or counterfeiting other people’s registered trademarks refers to the act of using an identical or similar trademark on the same or similar goods without the permission of the trademark registrant. Trademark infringement must be an infringement of the rights of the trademark owner. If the trademark owner gives "permission", it means that the trademark owner has given up on pursuing the perpetrator's infringement liability. Of course, the national competent authorities have the right to hold the trademark registrant administratively responsible for changing the graphics, text or combination of trademarks without authorization and expanding the scope of use.

Legal basis: "Trademark Law of the People's Republic of China"

Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) ) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar products The use of trademarks that are identical or similar to the registered trademark on the goods may easily lead to confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling forged or unauthorized registered trademarks mark; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market; (6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to infringe the exclusive rights of trademarks (7) causing other damage to the exclusive right to use registered trademarks of others.

Article 67 If the use of a trademark identical to the registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.

Article 213 of the Criminal Law of the People's Republic of China and the People's Republic of China: Using the same trademark as the registered trademark on the same kind of goods or services without the permission of the owner of the registered trademark, if the circumstances are serious , 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, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.