What are the standards for filing a crime of selling counterfeit registered trademarks?

Counterfeiting a Registered trademark refers to the act of using someone else’s registered trademark on goods for the purpose of counterfeiting someone else’s goods, as well as the preparatory acts carried out to achieve this purpose. What are the standards for filing a crime of selling counterfeit registered trademarks? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the standards for filing a crime of selling goods with counterfeit registered trademarks

Registered trademark If a person uses a trademark that is the same as its registered trademark on the same kind of goods and is suspected of one of the following circumstances, 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) Counterfeit registration of two or more types trademark, 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.

According to the Supreme People's ProcuratorateArticle 69 of the Provisions of the 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) [Case of Counterfeiting Registered Trademarks (Criminal Law Article 213)], without the permission of the owner of the registered trademark , using the same trademark as its registered trademark on the same kind of goods, if one of the following circumstances is suspected, a case should 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, with an illegal business amount of more than 30,000 yuan or illegal income More than 20,000 yuan;

(3) Other serious circumstances.

"Criminal Law" Article 213 [Crime of counterfeiting registered trademarks] Using a trademark identical to the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

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