How to determine the crime of illegally manufacturing a registered trademark logo

Legal Analysis: Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacture of the registered trademark logo, if the circumstances are serious, is determined to be the crime of illegally manufacturing the registered trademark logo. Legal basis:

Criminal Law of the People's Republic of China" Article 215 Where the circumstances are serious, a sentence of up to three years imprisonment and/or a fine shall be imposed on the counterfeit or unauthorized manufacture of the registered trademark logos of another person or the sale of the registered trademark logos of another person without authorization; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

In the following circumstances, the forgery or unauthorized manufacture of another person's registered trademark logo or the sale of a forged or unauthorized registered trademark logo shall be deemed to constitute the crime of illegally manufacturing a registered trademark logo: (1) The number of counterfeit or unauthorized manufactured registered trademark logos is 20,000 or more, or the amount of illegal business operation is more than 50,000 yuan, or the amount of illegal gains is more than 30,000 yuan; (2) Forging, manufacturing or selling two or more types of registered trademarks in the amount of 10,000 or more of the logos, or illegally operating more than 30,000 yuan, or illegally gaining more than 20,000 yuan; (3) Other situations where the circumstances are serious. Article 215 of the Criminal Law stipulates that anyone who forges or manufactures the registered trademark logo of another person without authorization or sells the counterfeit or unauthorized manufacture of the registered trademark logo shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

1. Subject matter requirements. The object of infringement of this crime is the national trademark management system and the exclusive right to use the registered trademark of others. The object of this crime is the registered trademark logo of another person.

2. Objective elements. This crime is objectively manifested as an act of forging or manufacturing another person's registered trademark logo or selling a forged or unauthorized trademark logo in violation of trademark management laws and regulations, and the circumstances are serious.

3. Main requirements. The subject of this crime is an enterprise, public institution or individual, and the unit may be either a legal person or an unincorporated person; Individuals include both individual businesses with business licenses and other individuals without business licenses.

4. Subjective elements. In the subjective aspect, this crime can only be intentional, that is, knowingly forging the registered trademark mark of another person but still knowingly forging it, or knowingly violating the provisions of the contract for printing the registered trademark logo and still intentionally over-manufacturing, or knowingly selling the registered trademark mark of another person knowing that it is forged or manufactured without authorization. Negligence does not constitute this crime.

1. What are the criteria for determining the crime of illegally manufacturing registered trademark logos?

1. Pay attention to the boundary between sin and non-sin.

1) It should be determined whether the perpetrator subjectively has intention, and if it is negligent in manufacturing or selling the registered trademark logo of another person, it does not constitute a crime.

2) Illegally manufacturing and selling illegally manufactured registered trademark logos only constitutes a crime if the circumstances are serious.

3) From the perspective of the object of the crime, the illegal manufacture and sale of illegally manufactured well-known trademark logos of Senhuai are serious circumstances.

4) From the perspective of criminal means, the use of bribery and other illegal means to promote illegally manufactured registered trademark logos is a serious circumstance. As long as one of the above four categories of circumstances is met, a case shall be filed and investigated.

2. Correctly distinguish the boundary between this crime and the crime of counterfeiting registered trademarks.

In practice, if the perpetrator not only illegally manufactures the logo of another person's registered trademark, but also uses the trademark logo on goods that counterfeit the registered trademark of another, from the perspective of criminal law theory, it is an implicated offense, and only one felony is convicted. This crime is constituted if it is only illegally manufactured or sold illegally manufactured registered trademark logos.

3. The confession of "serious circumstances" is determined.

The definition of "serious circumstances" is based on the Provisions on Prosecution Standards for Economic Crime Cases (hereinafter referred to as the "Prosecution Standards") jointly promulgated by the Supreme People's Procuratorate and the Ministry of Public Security in April 2001

1) Illegally manufacturing or selling illegally manufactured registered trademark logos with a quantity of more than 20,000 pieces (sets), or the amount of illegal gains is more than 20,000 yuan, or the amount of illegal business is more than 200,000 yuan;

2) Illegally manufacturing or selling illegally manufactured well-known trademark logos;

3) Although the above-mentioned amount standard is not reached, but has been subject to administrative punishment for illegally manufacturing or selling illegally manufactured registered trademark logos, and illegally manufacturing or selling illegally manufactured registered trademark logos;

4) Using bribery and other illegal means to promote illegally manufactured registered trademark logos.

According to the provisions of the Criminal Law, the sentencing standard for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos: if the perpetrator illegally manufactures or sells illegally manufactured registered trademark logos, resulting in serious circumstances, he will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; Where the circumstances are particularly serious, they will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

In any of the following circumstances, the circumstances described above are particularly serious:

1. The perpetrator forges, manufactures, or sells more than 100,000 pieces of counterfeit or unauthorized registered trademark logos, or the amount of illegal business income reaches 250,000 yuan or more, or the amount of illegal income reaches 150,000 yuan or more;

2. The perpetrator forges or manufactures without authorization, or sells two or more types of registered trademark logos with a quantity of 50,000 or more, or the amount of illegal business income reaches 150,000 yuan or more, or the amount of illegal income reaches 100,000 yuan or more;

3. Other circumstances that lead to particularly serious circumstances that are absolutely clear.

Article 215 of the Criminal Law [Crime of Illegally Manufacturing and Selling Illegally Manufactured Registered Trademark Logos].

Where the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

What are the provisions of the crime of illegally manufacturing and selling illegally manufactured registered trademark logos?

1) Provisions of the Criminal Law.

Article 215 of the Criminal Law provides that whoever forges or manufactures another person's registered trademark logo without authorization or sells a counterfeit or unauthorized registered trademark logo shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

2) Composition of the crime.

Entity: It is an enterprise, public institution or individual, and the unit can be either a legal person or an unincorporated person; Individuals include both individual businesses with business licenses and other individuals without business licenses.

Subject matter: the exclusive right to register trademarks for the national trademark management system and others.

Subjective aspect: intentional, that is, knowingly forging the registered trademark logo of another person, or knowingly violating the provisions of the entrustment contract for the printing of the registered trademark logo, but still intentionally over-manufacturing, or knowingly selling the registered trademark logo of another person knowing that it is forged or manufactured without authorization. Negligence does not constitute this crime.

Objective: Violating trademark management laws and regulations, forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacturing of trademark logo, the circumstances are serious.

Definition of the crime of illegally manufacturing a registered trademark logo: The crime of illegally manufacturing or selling an illegally manufactured registered trademark logo refers to the act of forging or manufacturing another person's registered trademark logo or selling a forged or unauthorized registered trademark logo.

Whoever commits this crime is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine.

Legal basis:Article 215 of the Criminal Law.

Where the circumstances are serious, the offender shall be sentenced to up to three years imprisonment, short-term detention or controlled release, 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: Whoever commits this crime is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits this crime, a fine shall be given; The directly responsible managers and other directly responsible personnel are to be punished in accordance with the above provisions.

Legal basis: Criminal Law of the People's Republic of China Article 215 Whoever forges or manufactures another person's registered trademark logo without authorization, or sells a forged or unauthorized registered trademark logo, 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, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

According to the laws of the People's Republic of China, the crime of illegally manufacturing a registered trademark logo shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine. Article 215 of the Criminal Law provides that anyone who forges a coarse celery or plum, manufactures another person's registered trademark logo without authorization, or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. According to Article 215 of the Criminal Law, whoever forges or manufactures another person's registered trademark logo without authorization or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

The sentencing for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos is that if the perpetrator constitutes the crime and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined 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. The statutory sentencing for this crime requires that the perpetrator's behavior reach the level of aggravation.

Legal basis:Article 215 of the Criminal Law of the People's Republic of China.

Whoever forges or manufactures another person's registered trademark logo without authorization, or sells a forged or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine of changing the spine to gold; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.