The crime of counterfeiting trademarks is generally sentenced to fixed-term imprisonment of not more than three years and a fine. Generally, counterfeiting registered trademarks with an amount of one million is considered a particularly serious case and is generally sentenced to fixed-term imprisonment of three to seven years. Suspended sentences can only be applied to fixed-term imprisonment of less than three years, so there is basically no chance of being sentenced to suspended sentences.

Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, and any of the following circumstances falls into the category of "serious circumstances" stipulated in Article 213 of the Criminal Law , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting registered trademarks, and shall also or solely be fined:

1. Where the illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan ;

2. Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan;

3. Other serious circumstances .

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting registered trademarks :

1. The amount of illegal business operations is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan;

2. Counterfeiting two or more registered trademarks and operating illegally The amount is more than 150,000 yuan or the illegal income is more than 100,000 yuan;

3. Other particularly serious circumstances.

Whoever commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods with the counterfeit registered trademark, which constitutes a crime, shall be punished in accordance with the provisions of Article 213 of the Criminal Law. Conviction and punishment for counterfeiting registered trademarks.

Whoever commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells goods that are knowingly owned by others with counterfeit registered trademarks, which constitutes a crime, shall be punished for several crimes.

If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the relevant provisions of the criminal law.

How to determine the crime of counterfeiting a registered trademark

(1) How to understand “without the permission of the registered trademark owner”

The crime of counterfeiting a registered trademark is manifested in the lack of registration The trademark owner gives permission to use the same trademark as its registered trademark on the same goods. Without permission, you may not use the same or similar trademarks as others' registered trademarks on the same or similar goods. This is one of the contents of the exclusive right of registered trademarks. Failure to obtain the permission of the registered trademark owner includes the following specific situations:

1. The perpetrator has never obtained the permission of the registered trademark owner to use the registered trademark;

2. Although the perpetrator He has obtained the license from the owner of the registered trademark, but continues to use the trademark of the owner of the registered trademark after the expiration of the use period stipulated in the license contract;

3. Although the perpetrator has obtained the owner of the registered trademark However, due to reasons such as the licensee's inability to guarantee the quality of the goods using the trademark, the license contract was terminated early, and the perpetrator continued to use the registered trademark after the contract was terminated;

4. Behavior Although the person obtained the permission to use the registered trademark, he used it beyond the scope of goods for which the registered trademark was permitted;

5. Although the actor obtained the permission to use the registered trademark, he used the registered trademark beyond the permitted scope. The geographical scope of use of the trademark.

(2) The difference between the crime of counterfeiting registered trademarks and the crime of producing and selling fake and inferior goods

The crime of counterfeiting registered trademarks infringes upon the national trademark management system and commits serious acts of counterfeiting trademarks; The latter crime violates the country's management system for commodity quality and commits acts of adulterating products with fakes, passing fakes as genuine, passing off substandard products as good ones, or passing off unqualified products as qualified products.

Whoever uses counterfeit registered trademarks to produce or sell counterfeit goods, and the sales amount is extremely large or causes serious consequences, is guilty of not only the crime of producing and selling counterfeit goods, but also the crime of counterfeiting trademarks. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted.

Legal basis:

According to Article 213 of the "Criminal Law"

Without the permission of the registered trademark owner, the same kind of goods or services If a trademark that is the same as its registered trademark is used on the Internet, 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.