The 400,000 yuan stolen from the trademark crime has been refunded, and the fine is 650,000 yuan. Do I still need to go to jail?

"Whoever knowingly sells goods with counterfeit registered trademarks and the amount of illegal gains is relatively large or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to three years in prison A prison term of not less than 10 years but not more than 10 years, and a fine." Next, the editor of the Legal Savior Network will introduce relevant content to you.

1. The money stolen from the trademark crime has been refunded 400,000 yuan, and the fine is 650,000 yuan. This is still more Going to jail?

If the amount involved in trademark infringement is as high as 400,000 yuan , the infringer may need to face a prison sentence of three to ten years, which mainly depends on whether the sales of the infringing goods exceed 250,000 yuan.

Due to the provisions of the criminal law, when the income from infringement reaches a certain value or there are other serious circumstances, The amount will be considered to be huge. Therefore, the criminal court may impose corresponding fines on the infringer based on various factors such as illegal income and infringement methods.

Specifically, Article 214 of the "Criminal Law" clearly stipulates [The crime of selling goods with counterfeit registered trademarks], that is, anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, will be sentenced to fixed-term imprisonment of not more than three years, and must also bear a fine; and for If the amount of illegal income is huge or there are other particularly serious circumstances, they will face a fixed-term imprisonment of not less than three years but not more than ten years, and they will also have to pay a fine.

Article 57 of the Trademark Law

Anyone who commits any of the following acts shall be considered an infringement.Exclusive right to register a trademark:

(1) Without the permission of the trademark registrant, Using the same trademark as its registered trademark on the same kind of goods;

(2) Failure to do so With the permission of the trademark registrant, a trademark similar to the registered trademark is used on the same product, or a trademark that is identical or similar to the registered trademark is used on similar products, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market ;

(6) Intentionally providing conveniences for infringing the exclusive rights of others’ trademarks

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Help others to commit acts of infringement of trademark exclusive rights;

(7) Causing other damage to others’ exclusive rights to registered trademarks.

2. Will borderline trademark infringement occur?

The so-called marginal trademark, that is, the logo is similar to or even identical with the trademark of a well-known brand, which may cause infringement of the trademark rights of such well-known brands.

In order to identify what constitutes trademark infringement, a variety of factors need to be comprehensively considered.

For example, whether there are similarities between the suspected infringing logo and the genuine logo, and what they are. The product type it applies to

If both appear in the same product category, For example, both are footwear products, or one party is involved in footwear goods and the other is alcoholic goods, and spans a larger field, then it may not cause confusion and misunderstanding in the market. In this case , may not constitute trademark infringement

The basis for the final determination of whether it constitutes infringement. Whether it will cause confusion and misunderstanding to consumers or the relevant public.