1. What are the crimes of trademark infringement
1 . Crimes of trademark infringement include: the crime of counterfeiting registered trademarks. The crime of selling goods with counterfeit registered trademarks. The crime of illegally manufacturing and selling illegally manufactured registered trademarks.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 3 stipulates that anyone who 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 fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 214 stipulates that anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be fined three A person 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 sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
Article 215 stipulates that counterfeiting or unauthorized manufacturing of registered trademarks of others or selling forged or unauthorized registered trademarks , if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also fined.
2. How to deal with infringement of trademark exclusive rights
1. Order to stop infringement.
2. Order to stop sales immediately.
3. Confiscate and destroy infringing goods.
4. Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
3. What is the penalty for trademark infringement
Whoever infringes a trademark constitutes the crime of copyright infringement. 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 not less than three years and seven years. The following are fixed-term imprisonment and a fine.
To sum up, we know that criminal offenses related to trademark infringement include the above three types. However, , similar to counterfeiting registered trademarks, generally only when the circumstances are serious will criminal liability be pursued. If it does not constitute a criminal offense, the Industry and Commerce Bureau will impose administrative penalties on the infringers of counterfeiting registered trademarks. I hope the above content can be helpful to you, if If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
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