Legal analysis: If there is no provision in the Trademark Law of People's Republic of China (PRC) or there is no provision, it will generally be adjusted by the Anti-Unfair Competition Law of People's Republic of China (PRC). Therefore, "People's Republic of China (PRC) Anti-Unfair Competition Law" appears as a supplementary protection mechanism to overcome the remedy defects of intellectual property legislation. Its purpose is to build the second line of defense when intellectual property laws and regulations can not provide effective protection, so as to provide a remedial relief protection.

Legal basis: Article 213 of the Criminal Law of People's Republic of China (PRC) uses the same trademark as its registered trademark on the same commodity or service without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years 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 ten years and shall also be fined.