How many years and how much is the fine for misappropriating a brand trademark?

Anyone who uses the same logo as his or her registered trademark on goods or services of the same category or variety without the written authorization of the trademark owner will, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, and must also bear corresponding fines ; And if the circumstances are particularly serious, you may face a fixed-term imprisonment of not less than three years but not more than ten years, and corresponding fines. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. How many years are the fines for misappropriating brand trademarks?

If a business or individual misappropriates another person's recognized and registered trademark without authorization, it will usually be classified as Counterfeiting of registered trademarks, and my country's criminal law clearly stipulates this type of crime: without the written authorization and consent of the trademark owner, using the same mark as its registered trademark in similar products or services will be punished if the circumstances are serious. Those who are sentenced to fixed-term imprisonment of not more than three years and must bear the responsibility for fines; if the circumstances are particularly serious, they will face fixed-term imprisonment of not less than three years but not more than ten years, and corresponding fines.

Article 213 of the Criminal Law

Use the same trademark as the registered trademark on the same goods or services without the permission of the owner of the registered trademark. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined; If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

2. How to check whether someone else’s trademark is registered

Before submitting an application for trademark registration, it is recommended that the applicant first conduct a search for relevant trademark information.

The main purpose of this work is to search whether there are any potential conflicts with the filed trademark registration application.

Generally speaking, trademark inquiries can be divided into the following three specific aspects:

1. Enter the public trademark query system of the State Intellectual Property Office through the Internet for online query;

2. Use the company's internal trademark query system to conduct queries;

3. Officially submit the trademark search request to the Trademark Office, and entrust the professional search personnel of the Trademark Office to conduct an in-depth and detailed search.