Does selling counterfeit registered trademarks of others constitute infringement
Selling counterfeit registered trademarks of others constitutes infringement.
"Criminal Law" Article 213 [Crime of Counterfeiting Registered Trademarks] If a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, and the circumstances are serious, The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
According to Article 69 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" [Case of Counterfeiting Registered Trademarks (Article 213 of the Criminal Law)], without a registered trademark If the owner has permission to use the same trademark as its registered trademark on the same kind of goods, if one of the following circumstances is suspected, a case shall be filed for prosecution:
(1) The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan;
(2) Counterfeiting two or more registered trademarks, illegal business amount The amount of illegal income is more than 30,000 yuan or the illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
The editor's summary ends here. If you have more questions in this regard, you are welcome to consult the Legal Savior Network. The Legal Savior Network provides professional legal consulting services, and a professional team of lawyers will answer your questions. doubts.
