How to sentence the criminal offense of selling counterfeit Dazong product trademarks

If the criminal elements for the crime of counterfeiting a Registered trademark are met and the sales amount reaches the statutory "larger" level, then one will be severely punished for the crime of counterfeiting a registered trademark, that is, a prison sentence of not more than three years. ; If the sales amount reaches the legal "huge" level, then you will face a more serious punishment, that is, a fixed-term imprisonment of not less than three years but not more than seven years. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. How to judge the criminal crime of selling counterfeit Dazong product trademarks

In view of the production and sale of goods counterfeiting authorized trademarks, in accordance with the relevant provisions of current criminal regulations, The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to the seriousness.

In specific practice, if the sales amount involved reaches the statutory larger scale, It shall be deemed to have committed the crime of counterfeiting a registered trademark and will face severe punishment of not more than three years in prison; if the sales amount reaches an extremely large level, it may be convicted of the crime of counterfeiting a registered trademark and face a severe penalty of imprisonment of not more than three years. Severe punishment of imprisonment of not less than three years but not more than seven years.

Of course, all of this needs to be based on the criminal elements that constitute the crime of counterfeiting registered trademarks. on top of the basics.

Article 214 of the Criminal Law

Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention , shall be fined in addition or solely, and if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

2. How much is the illegal income from selling goods with counterfeit registered trademarks

(1) Without the permission of the owner of the registered trademark, unauthorized use of the same logo as the registered trademark in similar products, and thus obtained illegal profits of more than 20,000 yuan;

(2) Knowing that the goods being sold are counterfeit registered trademarks and still selling them, the profit has exceeded RMB 20,000 ;

(3) Maliciously forge or create without authorization the logo of another person’s registered trademark, or It has been produced and is currently being sold, and the illegal profits obtained from this amount to more than 10,000 yuan.

If the perpetrator secretly colludes with criminals who counterfeit registered trademarks, provide them with manufacturing, Facilitating conditions for sales, use, storage, transportation, mailing, concealment, etc., will be regarded as co-criminals in the crime of counterfeiting registered trademarks and face sanctions under criminal law.