1, even if the business amount is 300,000, it has reached the standard of particularly serious circumstances, and the statutory penalty is fixed-term imprisonment of not less than three years but not more than seven years.
2, and probation can only be applied to fixed-term imprisonment of less than three years. If there are no other circumstances to lighten or mitigate the punishment, the possibility of probation is not great; Article 72 of the Criminal Law: A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives. Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation. Article 213 Whoever uses a trademark identical to its registered trademark on the same commodity 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 shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 60 of the Trademark Law commits one of the acts listed in Article 57 of this Law, infringing on the exclusive right to use a registered trademark and causing disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier.
Article 67 Where a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law in addition to compensating the infringed for the losses.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.
Article 68 Where a trademark agency commits any of the following acts, the administrative department for industry and commerce shall order it to make corrections within a time limit, give it a warning and impose a fine of 1 10,000 yuan or more and110,000 yuan or less; Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of 5000 yuan to 50000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging, altering or using forged or altered legal documents, seals and signatures in handling trademark affairs;
(2) soliciting trademark agency business by defaming other trademark agencies or disrupting the order of the trademark agency market by other improper means;
(3) Violating the provisions of the third and fourth paragraphs of Article 19 of this Law.
Where a trademark agency commits any of the acts listed in the preceding paragraph, it shall be recorded in the credit file by the administrative department for industry and commerce; If the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting its trademark agency business and make an announcement.
If a trademark agency violates the principle of good faith and infringes on the legitimate interests of the client, it shall bear civil liability according to law, and the trademark agency industry organization shall punish it according to the articles of association.
Reference source: http://www.chinacourt.org/law/detail/2013/08/id/146629.shtml.