How to determine the crime of colluding to sell illegal trademarks

The crime of colluding to sell illegal trademarks should be the crime of selling illegally manufactured registered trademarks in the criminal law. The following elements can constitute this crime: The objective aspect is the violation of trademark management regulations, the sale of counterfeit or unauthorized trademarks, and the serious circumstances. Regarding how to determine the crime of colluding in the sale of illegal trademarks, the editor of Legal Savior Network is as follows: You answer in detail.

1. How to determine the crime of collusion in selling illegal trademarks

1. Collusion The crime of selling illegal trademarks should be the crime of selling illegally manufactured registered trademarks in the Criminal Law. The following elements can constitute this crime: the objective aspect is a violation of trademark management regulations, the sale of counterfeit or unauthorized trademarks, a serious act; the object of the crime is the country's trademark management system and the exclusive right of others to register a trademark; the subject of the crime is Enterprises, institutions or individuals; in the subjective aspect, it can only be intentional.

2. Legal basis: "Criminal Law of the People's Republic of China"

210 Article 5: Whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or shall be fined; if the circumstances are particularly serious, shall be sentenced to not less than three years and ten years in prison. to fixed-term imprisonment of not more than 10 years and to a fine.

Article 220: If a unit commits the crimes specified in Articles 213 to 219-1 of this Section, The unit shall be fined, and the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of each article of this section.

2. What are the infringements of trademark rights?

1. Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

2. Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;

3. Selling goods that infringe the exclusive rights of registered trademarks;

4. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks;

5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

6. Intentional infringement Providing facilities for other people’s trademark exclusive rights and helping others to infringe upon their trademark exclusive rights;

7. Causing other damage to others’ registered trademark exclusive rights.

If it is the crime of colluding with others to sell illegally manufactured registered trademarks, the court should also distinguish between the principal offender and the accessory when sentencing, and first determine the nature of the principal offender. In terms of sentencing, the accomplice can definitely receive an appropriate lighter punishment. Moreover, this kind of behavior infringes on the trademark rights of others, and you must bear civil liability for compensation. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.