What should I do if I use someone else s trademark fraudulently?

If you have registered a trademark, others can not register a similar or similar trademark in your same category, which is an infringement and can be investigated for legal responsibility and fined 5,000 or 10,000 yuan.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods.

2) Without the permission of the trademark registrant, the use of a trademark similar to its registered trademark on the same kind of goods, or the use of a trademark identical or similar to its registered trademark on similar goods, is likely to cause confusion.

3) Selling goods that infringe the exclusive right to use a registered trademark.

4) Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacture of the registered trademark logo.

5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market.

6) Intentionally facilitating the infringement of the exclusive right to use a trademark by others, and helping others to infringe the exclusive right to use a trademark.

7) Causing other damage to the exclusive right to use a registered trademark to others.

Article 213 of the Criminal Law of the People's Republic of China stipulates that 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, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Whether counterfeiting a registered trademark constitutes a criminal offense is crucial to the determination of the amount of illegal business and the amount of illegal gains. The amount of illegal business operations exceeds 250,000 yuan or the amount of unlawful gains exceeds 150,000 yuan; Where there are more than two types of counterfeit registered trademarks, and the amount of illegal business operations exceeds 150,000 yuan or the amount of illegal gains exceeds 100,000 yuan, it is a "serious circumstance" as provided for in article 213 of the Criminal Law.

Illegal business turnover refers to the amount of business obtained by the perpetrator through counterfeiting of registered trademarks, including the amount of sales and the amount of inventory of unsold goods. The amount of unlawful gains refers to the profits obtained by the perpetrator after deducting costs. It can be seen that when the infringer is criminally detained, the focus should be on the amount of illegal business operations and the amount of illegal gains to see whether there is a possibility of non-crime.

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, 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.

Legal analysis: When the misappropriation of another person's trademark is determined to be an infringement, it shall, in accordance with the provisions of paragraph 2 of Article 60 of the Trademark Law, confiscate and destroy the infringing goods and tools mainly used to manufacture the infringing goods and forge the logo of the registered trademark, and if the illegal business turnover is more than 50,000 yuan, a fine of less than five times the illegal business turnover may be imposed, and a fine of less than 250,000 yuan may be imposed if the illegal business turnover is confiscated or the illegal business revenue is less than 50,000 yuan. If a criminal offense is constituted, criminal punishment shall be accepted.

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, indiscriminately 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.

Trademark Law of the People's Republic of China Article 60, Paragraph 2 If the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used to manufacture the infringing goods and forge the logo of the registered trademark, and if the illegal business turnover is more than 50,000 yuan, a fine of not more than five times the illegal business turnover may be imposed, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Sakura stalls that have committed more than two acts of trademark infringement within five years or have other serious circumstances shall be given a heavier punishment. If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark and can prove that the goods were legally obtained by the person and explain the leakage of the provider, the administrative department for industry and commerce shall order the sale to be stopped.

If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter.

If the administrative department for industry and commerce finds that the infringement is established, it shall order the infringement to be stopped immediately, and confiscate and destroy the infringing goods and tools mainly used to manufacture the infringing goods and forge the logo of the registered trademark;

Where the illegal business turnover is more than 50,000 yuan, a fine of up to five times the illegal business turnover may be imposed, and where there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed.

Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed.

If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by the person and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; 7) Causing other damage to the exclusive right to use a registered trademark of another person.

Legal basis: Article 66 of the Trademark Law of the People's Republic of China provides that in order to stop infringement, the trademark registrant or interested party may apply to the people's court for preservation of evidence before filing a lawsuit in accordance with the law if the evidence may be destroyed or difficult to obtain in the future.

Article 67 of the Trademark Law of the People's Republic of China provides that if a trademark identical to its registered trademark is used on the same kind of goods without the permission of the trademark registrant, and it constitutes a crime, in addition to compensating the infringed party's losses, criminal liability shall be investigated in accordance with law.

Where the forgery or unauthorized manufacture of another person's registered trademark logo or the sale of a forged or unauthorized registered trademark logo constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the infringed party's losses.

If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the losses of the infringed party.

Legal Analysis: The fraudulent use of other people's trademarks is a crime of counterfeiting registered trademarks, which refers to the use of trademarks identical to registered trademarks on the same kind of goods without the permission of the registered trademark owner in violation of national trademark management regulations, and the circumstances are serious. The use of a similar or similar registered trademark of another person will also be suspected of a criminal offense.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China stipulates that anyone who uses a trademark identical to his registered trademark on the same kind of goods without the permission of the owner of the registered trademark, 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 213 of the Criminal Law of the People's Republic of China [Crime of Counterfeiting Registered Trademarks] 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; where the circumstances are especially serious, the sentence is to be between three and ten years imprisonment and a concurrent fine.

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, 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 to be between one and seven years imprisonment and a concurrent fine. Article 214 of the "Danchan Criminal Law of the People's Republic of China" Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of the sales is relatively large, shall 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.

Article 213 of the Criminal Law of the People's Republic of China [Crime of Counterfeiting Registered Trademarks] 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; where the circumstances are especially serious, the sentence is to be between three and ten years imprisonment and a concurrent fine.

Article 213 of the Criminal Law of the People's Republic of China provides that without the permission of the owner of the registered trademark, a trademark identical to the registered trademark is used 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 criminal 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 of the Criminal Law of the People's Republic of China: 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.