What are other serious circumstances in trademark infringement
The perpetrator uses the same or similar products without the permission of the trademark owner. Using a trademark that is the same as or similar to the Registered trademark on the goods, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility. Other circumstances refer to special circumstances other than the above special provisions that cannot be listed according to the terms. In actual operation, infringement is determined based on the law.
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)" [Counterfeiting Registered Trademark Case (Criminal Law Article 213)] , without the permission of the registered trademark owner, using the same trademark as the 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, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan;
(3) Other serious circumstances.
"Criminal Law" Article 213 [Crime of Counterfeiting Registered Trademarks] Without the permission of the owner of the registered trademark, under the same category If a trademark that is the same as its registered trademark is used on goods, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; 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.
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