What is the punishment for the crime of counterfeiting a registered trademark?

For trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. If it is a well-known trademark, it will receive legal protection of the exclusive right to use the trademark across categories. What is the punishment for the crime of counterfeiting a registered trademark? When such legal problems arise in life and you don’t know how to solve them, the editor of Legal Savior Network will introduce the relevant knowledge to you in detail, hoping to answer your questions.

How to punish the crime of counterfeiting registered trademarks

Whoever uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, 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 A term of imprisonment of not less than three years but not more than seven years and a fine.

According to Article 213 of the Criminal Code Regulations: If a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, 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 or solely be fined; if the circumstances are particularly serious, he shall be sentenced to A term of imprisonment of not less than three years but not more than seven years and a fine.

"Supreme People's Court, Supreme People's Court The People's Procuratorate's official document on handling criminal cases of intellectual property infringement"Interpretation of Several Issues in the Application of Law" provides a clear explanation of this crime. For "serious circumstances", according to Article 1 of the Interpretation: Using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and any of the following circumstances falls under Article 211 of the Criminal Law: For "serious circumstances" as stipulated in Article 13, a person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also be fined or shall be fined alone:

(1) The amount of illegal business operations exceeds 50,000 yuan or the amount of illegal income exceeds 30,000 yuan;

(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan Or the amount of illegal income is more than 20,000 yuan;

(3) Other serious circumstances.

Anyone who has any of the following circumstances shall fall under the second category of the Criminal Law For "especially serious circumstances" as stipulated in Article 113, persons shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of counterfeiting registered trademarks, and shall also be fined:

(1) The amount of illegal business operations exceeds 250,000 yuan or the amount of illegal income exceeds 150,000 yuan;

(2) Counterfeiting two or more registered trademarks, with an illegal business amount of The amount of illegal income exceeds 150,000 yuan or the amount of illegal income exceeds 100,000 yuan;

(3) Other particularly serious circumstances.

Regarding the understanding of "same trademark" and "use", according to the provisions of Article 8 of the Interpretation: "The same trademark" stipulated in Article 213 of the Criminal Law refers to the trademark that is counterfeited The registered trademark is exactly the same as the registered trademark, or is basically visually indistinguishable from the counterfeited registered trademark and is enough to mislead the public. The "use" stipulated in Article 213 of the Criminal Law refers to the use of a registered trademark or a counterfeited trademark. Registered trademarks are used on goods, product packaging or containers, product manuals, and commodity transaction documents, or registered trademarks or counterfeit registered trademarks are used in advertising, exhibitions, and other commercial activities.

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