The crime of counterfeiting a registered trademark shall meet the following three conditions:
1. The actor used another person's registered trademark without the permission of the registered trademark owner. "Registered trademark owner" refers to the trademark registrant. In China, if an application for trademark registration is approved by the Trademark Office according to law, the applicant for trademark registration becomes the owner of the registered trademark. Without the permission of the registered trademark owner, the actor used another person's registered trademark without the consent of the registered trademark owner. This is the prerequisite of this crime. According to the provisions of the Trademark Law, a trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. If the actor obtains the permission of the registered trademark owner, but fails to go through the relevant formalities according to legal procedures, it cannot be considered as a crime.
2. The actor used the same trademark as the registered trademark of others on the same commodity. That is, the trademarks are the same, and the goods using the trademarks are the same kind of goods. These two conditions must be met at the same time. Using a trademark similar to another person's registered trademark on the same commodity, or using a trademark similar to another person's registered trademark on similar commodities, or using a trademark similar to another person's registered trademark on similar commodities, is trademark infringement and does not constitute this crime. In practice, we should clearly distinguish these situations.
3. The actor uses the same trademark as the registered trademark of others on the same commodity, and the circumstances are serious. This is the boundary between crime and non-crime. "Serious circumstances" mainly refers to the large amount of illegal income, which causes great losses to the trademark owner or other serious circumstances.
The criminal law stipulates two levels of punishment for the crime of counterfeiting registered trademarks of others, that is, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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.