What are the penalties for using someone else’s trademark to sell goods?

The crime of counterfeiting a registered trademark simply means using the same trademark as theirs on the same goods without the consent of the owner of the registered trademark. To be convicted of this crime, you do not need to have any sales behavior. However, sales will still affect your illegal business volume. Infringing products that have been sold will be calculated based on the actual selling price. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. What are the penalties for selling goods by using other people’s trademarks

As for the "crime of counterfeiting registered trademarks", the law usually makes this judgment: take it easy If you commit a crime, you will have to spend less than three years in prison or be fined; if your behavior is more serious, you will have to spend three to seven years in prison, and you will also have to pay an additional fine.

If a company did such a thing, the court would not be lenient and would Fine the company, but also hold leaders and others primarily responsible for the incident accountable, just as you would individual criminals.

So, even if you just counterfeit someone else’s registered trademark, as long as you don’t If you sell it, it will also be counted as a crime of counterfeiting a registered trademark.

The crime of counterfeiting registered trademarks refers to those who do not have the consent of the registered trademark owner. They used the same logo as their registered trademark on the same products.

The establishment of this crime does not require proof of whether the criminal suspect or defendant is true. of sales behavior.

However, sales can still be used as an important basis for measuring the amount of illegal business.

The value of infringing products that have been sold is calculated based on the actual sales price.

The value of those infringing products that have not yet been sold will be based on their price or the infringement that has been identified Calculated based on the actual average sales price of the product

"Criminal Law" Article 213

Use the same trademark as the registered trademark on the same goods or services without the permission of the registered trademark owner. If the circumstances are serious, the person shall be sentenced to a fixed term of not more than three years. Imprisonment, and concurrently or solely with a fine; 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 ten years, and shall also be fined.

2. Does a registered similar trademark constitute infringement?

When a similar trademark is registered, this behavior may constitute infringement The "trademark identity" mentioned here means that compared with the trademark accused of infringement and the plaintiff's registered trademark, there is almost no difference between the two from a visual point of view; and the so-called "trademark similarity" means that Refers to the comparison between the trademark accused of infringement and the original registered trademark. There are similarities between the two in terms of word shape, pronunciation, meaning, even graphic composition, color use and even the overall structure of the trademark formed by the combination of various elements, or in the same environment. Under this circumstance, if the trademark accused of infringement and the original registered trademark are used at the same time, it may easily cause the relevant public to misunderstand the source of the goods or mistakenly believe that there is a specific relationship between the goods with the infringing trademark and the goods with the original registered trademark.

The principles for identifying identical or similar trademarks mainly include the following aspects: First , the general attention of the relevant public should be used as the criterion; secondly, when comparing trademarks, it is not only necessary to consider the trademark as a whole, but also pay attention to the comparison of the main parts of the trademark, and these comparisons should be in the context of the comparison object. They must be carried out separately in isolation; finally, when judging whether the trademarks are similar, factors such as the distinctiveness and popularity of the registered trademark requested for protection must be fully taken into consideration.