What are the conditions for the crime of counterfeiting registered trademarks
1. The perpetrator is When using someone else’s registered trademark without the permission of the registered trademark owner. The "registered trademark owner" is the trademark registrant. In our country, if a trademark registration application is filed in accordance with the law and approved by the Trademark Office, the trademark registration applicant becomes the registered trademark owner. Without the permission of the registered trademark owner, it means that the perpetrator does not obtain the consent of the registered trademark owner when using someone else's registered trademark. This is a prerequisite for this crime. According to the provisions of the Trademark Law, a trademark registrant can license others to use its registered trademark by signing a trademark license contract. If the perpetrator has obtained the permission of the owner of the registered trademark but fails to complete the relevant procedures in accordance with legal procedures, it cannot be considered to constitute a crime.
2. The perpetrator committed the act of using the same trademark as someone else’s registered trademark on the same kind of goods. That is, if the trademarks are the same, the goods using the trademark are the same kind of goods. These two conditions must be met simultaneously. If a perpetrator uses a trademark that is similar to someone else’s registered trademark on the same kind of goods, or uses a trademark that is the same as someone else’s registered trademark on similar goods, or uses a trademark that is similar to someone else’s registered trademark on similar goods, it is a trademark infringement act. It does not constitute this crime. In practice, the boundaries between these situations should be clearly drawn.
3. The perpetrator uses the same trademark registered by others on the same kind of goods. Trademark behavior is serious. This is the line that separates sin from non-sin. "Serious circumstances" mainly refer to the large amount of illegal gains, large losses to the trademark owner or other serious circumstances, etc.
The criminal law stipulates two levels of punishment for the crime of counterfeiting someone else's registered trademark, that is, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A single fine shall be imposed; 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 seven years, and shall also be fined.
The above knowledge is the editor of Legal Savior Network’s answer to the question “What are the conditions that constitute the crime of counterfeiting registered trademarks”If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.