What are the consequences of counterfeiting a trademark?

1. Without the permission of the owner of the registered trademark, the use of a trademark identical to the registered trademark on the same kind of goods, and the amount of illegal gains is relatively large or there are other serious circumstances, it constitutes a crime. A sentence of up to 3 years imprisonment or short-term detention is to be given, and may be concurrently or separately fined. where the amount of unlawful gains is huge, a sentence of between 3 and 7 years imprisonment and a concurrent fine is to be given.

2. If the sale of goods that are known to be counterfeit registered trademarks, and the amount of illegal gains is relatively large, it also constitutes the crime of counterfeiting registered trademarks, and shall be punished in accordance with the above provisions.

3. Anyone who forges or manufactures another person's registered trademark logo without authorization or sells a forged or unauthorized registered trademark logo, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be punished in accordance with the above provisions.

Look at the circumstances of the crime to sentenc.

Criminal Law Provisions: Article 213 Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Article 220:Where a unit commits the crimes provided for in Articles 213 to 219 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each article of this Section.

1. If the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine;

2. If the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine.

[Basis of the law rolling].Article 213 of the Criminal Law of the People's Republic of China sells well.

Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods with relatives, and the circumstances are serious, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Article 214.

Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of the sales is relatively large, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

The criteria for the crime of counterfeiting trademarks are the amount of illegal business operation of more than 50,000 yuan or the amount of illegal gains of more than 30,000 yuan, or the counterfeiting of two or more registered trademarks, the amount of illegal business operation of more than 30,000 yuan or the amount of illegal gains of more than 20,000 yuan, and other serious circumstances. Without the permission of the registered trademark owner, the use of a trademark identical to the trademark of its registered trademark on the same kind of goods, if one of the above circumstances is suspected, a case shall be filed for prosecution.

[Basis for the Aftermath of the Legal Paragraph].

Article 69 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II).

Without the permission of the registered trademark owner, the use of a trademark identical to the registered trademark on the same kind of goods shall be prosecuted if one of the following circumstances is suspected:

1) The amount of illegal business operations is 50,000 yuan or more, or the amount of unlawful gains is 30,000 yuan or more;

2) Counterfeiting two or more registered trademarks, illegally operating business with an amount of 30,000 yuan or more, or illegally gaining more than 20,000 yuan;

3) Other situations where the circumstances are serious.

Legal analysis: The so-called crime of counterfeiting a trademark refers to the act of using a trademark identical to its registered trademark on the same kind of goods without the permission of the registered trademark owner, and the circumstances are serious. Legally, the crime of counterfeiting a trademark has the following special characteristics:

1. The object of the crime is the exclusive right to use a registered trademark;

2. The objective aspect of the crime is the use of a trademark identical to another person's registered trademark on the same kind of goods without the permission of the registered trademark owner;

3. The subject of the crime is a general subject, and both individuals and units can become the subject of the crime;

4. The subjective aspect of the crime can only be constituted intentionally.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods or services, and suffers a severe loss in the first section of the relationship, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Legal Analysis: Counterfeiting of trademarks constitutes the crime of counterfeiting trademarks. The crime of counterfeiting a trademark refers to the act of using a trademark identical to its registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and the circumstances are serious. The offence of trademark counterfeiting has the following characteristics:

1. The object of the crime is the exclusive right to use a registered trademark;

2. The objective aspect of the crime is the use of a trademark identical to another person's registered trademark on the same kind of goods without the permission of the registered trademark owner;

3. The subject of the crime is a general subject, and both individuals and units can become the subject of the crime;

4. The subjective aspect of the crime can only be constituted intentionally.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods or services, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine imposed on the person who sends the chain; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

If the perpetrator counterfeits another person's trademark and the circumstances are serious, it constitutes a crime, and is generally sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of up to 3 years imprisonment and a concurrent fine is to be given; The Chunpai actor also needs to compensate the infringed party for its losses.

Legal Analysis: Counterfeiting of registered trademarks not only plagiarizes the reputation of the registrant's goods, but also harms the interests of consumers, and this behavior will actually cause great damage to the trademark owner. Therefore, China has severely cracked down on the act of counterfeiting trademarks.

As a trademark owner, if you find that others have counterfeited your trademark, you should also take active measures to deal with it and reduce the damage caused by it.

Legal basis: Criminal Law of the People's Republic of China Article 214 Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of the sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Patent Law of the People's Republic of China Article 70 Where a person uses, offers to sell or sells a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee for the purpose of production or business, and can prove that the product is legal, he shall not be liable for compensation.