What are counterfeit registered trademark matters?

If the infringement of the exclusive right to use a Registered trademark does not constitute a crime, the infringement shall bear administrative liability and civil liability. What are counterfeit registered trademark matters? Please follow the editor of Legal Savior Network to learn more below.

What are counterfeit registered trademark matters

In accordance with my country's "Criminal Law" and the relevant provisions of the Standing Committee of the National People's Congress , 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.

Roughly speaking, counterfeiting of registered trademarks includes the following Several behaviors:

(1) Unregistered The trademark owner has given permission to use the same trademark as its registered trademark on the same kind of goods;

(2) Knowingly selling goods with counterfeit registered trademarks;

(3) Counterfeiting or unauthorized production of other people’s registered trademarks or selling counterfeit or unauthorized production of other people’s registered trademarks.

Counterfeiting other people's registered trademarks in serious cases will constitute a crime, and the relevant personnel will be held criminally responsible.

Counterfeiting registered trademarks not only steals the reputation of the registrant's goods, but also harms the interests of consumers. Therefore, all countries have included counterfeiting registered trademarks as a crime and punished crimes Persons shall be subject to criminal sanctions. Our country's "Criminal Law" also provides the following provisions.

(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, and the amount of illegal income is relatively large or there are other serious circumstances, it shall constitute a crime. Penalty shall be 3 years The following fixed-term imprisonment or criminal detention may be imposed concurrently or solely with a fine. For those whose illegal gains are huge, they shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and shall also be fined.

(2) Selling goods that are knowingly counterfeit registered trademarks, and the amount of illegal income is relatively large, also constitutes the crime of counterfeiting registered trademarks , punished in accordance with the aforementioned provisions.

(3) Forgery , create other people’s registered trademarks without authorization or sell counterfeit or unauthorized registered trademarks, and if the amount of illegal income is relatively large or there are other serious circumstances, the punishment shall be in accordance with the above provisions.

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