The crime of illegally manufacturing trademark logos is a criminal act that infringes upon trademark rights. Depending on the circumstances, he may be sentenced to criminal detention or fixed-term imprisonment, and may also be fined. The length of the sentence and the amount of the fine will depend on the specific circumstances.
The "Criminal Law of the People's Republic of China" stipulates the crime of illegally manufacturing trademark marks, stating that "manufacturing counterfeit registered trademarks, selling counterfeit registered trademarks, or manufacturing counterfeit goods that have been obtained by others If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, with or without a fine; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined. Among the acts, if the amount of illegal gains is large, or there are other serious circumstances, they will be punished in accordance with the provisions of the preceding paragraph." Therefore, the crime of illegally manufacturing trademark signs is a criminal act that infringes upon trademark rights. The criteria for criminalization are mainly considered from two aspects: whether to counterfeit a registered trademark or another person's product mark, and the severity of the circumstances. Generally speaking, the greater the amount involved, the greater the variety of counterfeit product marks, and the longer the duration of the crime, the more serious the crime will be, and the sentence will be heavier accordingly. If the criminal surrenders, pleads guilty, repentant, etc., the punishment may be reduced or exempted according to law.
In the crime of illegally manufacturing trademark logos, how to determine whether the manufactured trademark is a counterfeit registered trademark? Whether a manufactured trademark constitutes a counterfeit registered trademark mainly refers to whether the use of graphics and text on the trademark that are similar to other people's (or previously registered) trademarks that are likely to cause confusion, and whether these graphics and text are compatible with the goods, and ultimately lead to Consumers are confused and misunderstood by the trademark. At the same time, factors such as whether it is protected by trademark law and the intention of the offender also need to be considered.
The crime of illegally manufacturing trademark logos seriously infringes on the trademark rights of others and has a negative impact on commercial development and social order. Therefore, relevant departments should strengthen supervision, intensify crackdowns, protect trademark rights and interests, and maintain market order. For criminal suspects, during the trial process, a fair and reasonable judgment should be made based on the specific circumstances.
Legal basis:
Article 134 of the "Criminal Law of the People's Republic of China" Manufacturing counterfeit registered trademarks, selling counterfeit registered trademarks, or manufacturing counterfeit If someone else has obtained a commodity mark, if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, with or without a fine; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and concurrently with a fine. In the case of selling counterfeit registered trademarks or commodity marks, if the amount of illegal gains is large, or if there are other serious circumstances, the person shall be punished in accordance with the provisions of the preceding paragraph.