1. A case of registering a counterfeit trademark involving an amount of RMB 190,000 shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

2. The crime of counterfeiting registered trademarks refers to serious acts that violate national trademark management regulations and use the same trademark as the registered trademark on the same product without the permission of the registered trademark owner.

Three "Criminal Law" sentencing standards for the crime of counterfeiting registered trademarks:

Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, under the following circumstances: 1. If the circumstances are “serious” as stipulated in Article 213 of the Criminal Law, the 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 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, the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 30,000 yuan; More than 20,000 yuan;

(3) Other serious circumstances.

Anyone who has any of the following circumstances falls under the “extremely serious circumstances” stipulated in Article 213 of the Criminal Law and 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 :

Penalty for counterfeiting registered trademarks

(1) The illegal business amount is more than 250,000 yuan or the illegal income amount is more than 150,000 yuan;

(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 150,000 yuan or the illegal income amount is more than 100,000 yuan;

(3) Other particularly serious circumstances.

The "identical trademark" stipulated in Article 8 and Article 213 of the Criminal Law means that it is exactly the same as the counterfeited registered trademark, or is basically visually identical to the counterfeited registered trademark. A trademark that is sufficiently different to mislead the public.

The "use" stipulated in Article 213 of the Criminal Law refers to using a registered trademark or a counterfeit registered trademark on goods, product packaging or containers, product instructions, and product transaction documents, or using a registered trademark Trademarks or counterfeit registered trademarks are used for advertising, exhibitions, and other commercial activities.

Article 13. If someone commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and then sells goods with the counterfeit registered trademark, which constitutes a crime, he shall be punished in accordance with Article 213 of the Criminal Law. According to the provisions of the regulations, the person shall be convicted and punished for the crime of counterfeiting a registered trademark.

Whoever commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells goods that are knowingly owned by others with counterfeit registered trademarks, which constitutes a crime, shall be punished for several crimes.

Article 220. If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined, and the person in charge and other persons directly responsible for the unit shall be fined. Those directly responsible shall be punished in accordance with the provisions of each article in this section.

IV. Standards for Filing the Crime of Counterfeiting Registered Trademarks

The Supreme People's Procuratorate issued the "Regulations on Filing Standards for the Crime of Counterfeiting Registered Trademarks"

In order to protect the socialist market The economic order and the legitimate rights and interests of the people are governed by the "Criminal Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China", "Trademark Law of the People's Republic of China", "Standing Committee of the National People's Congress" These regulations are formulated in accordance with the Supplementary Provisions of the Council on Punishing the Crime of Counterfeiting Registered Trademarks and other legal provisions.

1. Producers and sellers who violate trademark management laws and regulations, counterfeit others’ registered trademarks, and meet the standards for filing a case under these regulations shall be investigated for criminal responsibility in accordance with the law.

2. If the amount of illegal income (i.e. sales revenue, the same below) reaches the following standards for counterfeiting other people’s registered trademarks, a case shall be filed:

(1) Unregistered trademark owner License to use the same trademark as its registered trademark on the same kind of goods, and the amount of illegal income is more than 20,000 yuan;

(2) Selling goods that are knowingly counterfeit registered trademarks, and the amount of illegal income is more than 20,000 yuan More than RMB 10,000;

(3) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks, and the amount of illegal income exceeds RMB 10,000.

Collude with criminals who counterfeit registered trademarks of others and provide them with convenient conditions for manufacturing, selling, using, warehousing, transporting, mailing, concealing, etc. Criminals who counterfeit registered trademarks will be held criminally responsible.

3. Counterfeiting other people’s registered trademarks under any of the following circumstances shall be considered serious and the case shall be filed:

(1) Article 2(1) of these regulations The acts listed in item (3) of Article 2 of these regulations, the illegal business volume is more than 100,000 yuan;

(2) The acts listed in item (3) of Article 2 of these regulations, counterfeiting or unauthorized production of other people’s registered trademarks or sales The number of counterfeited or unauthorized registered trademarks exceeds 20,000 pieces (sets).

4. Counterfeiting other people’s registered trademarks, although the standards stipulated in Article 2 (1), (3) or Article 3 are not met, but any of the following circumstances are met, it will also be considered serious. , a case should be filed:

(1) Being given two administrative penalties by the industrial and commercial administration department for counterfeiting someone else’s registered trademark and then counterfeiting someone else’s registered trademark;

(2) Counterfeiting someone else’s registered trademark Registered trademarks of pharmaceuticals for human use;

(3) Using illegal means such as bribery to promote counterfeit trademarked goods or forged or unauthorized manufactured trademarks registered by others;

(4) ) Counterfeiting other people’s registered trademarks, causing adverse social impact and international impact.

5. If an enterprise or institution has the above-mentioned conduct that meets the standards for filing a case in Articles 2, 3, and 4 of these regulations, the People's Procuratorate shall file the case and pursue criminal liability in accordance with the law.

6. Any case of counterfeiting someone else’s registered trademark that is directly related to the criminal act of producing and selling counterfeit and inferior goods shall be filed and investigated by the procuratorate. If the procuratorial organ deems it necessary to directly handle criminal cases related to the production and sale of counterfeit and inferior goods, it may also file and investigate the case on its own.