How to determine the seriousness of counterfeiting someone else’s registered trademark
Without the permission of the registered trademark owner, If a trademark that is the same as its registered trademark is used on the same kind of goods and is suspected of one of the following circumstances, a case should 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.
"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)"
Article 69 [Case of Counterfeiting Registered Trademarks (Criminal Law Article 213)] Without the permission of the registered trademark owner, If a trademark that is the same as its registered trademark is used on the same product and is suspected of one of the following circumstances, a case should be filed for prosecution:
(1) The amount of illegal business operations is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;
(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 2 More than 10,000 yuan;
(3) Other circumstances Serious situation.
"Criminal Code" 200 Article 13 [Crime of Counterfeiting Registered Trademarks] Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, 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 but not more than seven years, and shall also be fined.
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