What is the basis for judging whether a counterfeit trademark is basically the same as a registered trademark
The meaning of "same" trademark should be changed from the registered trademark Explain the functions of trademarks and the basic purpose of establishing the crime of counterfeiting registered trademarks in the criminal law. The trademark owner marks the registered trademark on the goods. On the one hand, the purpose is to help producers and sellers promote the goods and maintain the product reputation of the goods. On the other hand, it is to instruct consumers to choose different brands of goods according to their own needs. The purpose of establishing the crime of counterfeiting registered trademarks in the criminal law is to punish, to a limited extent, serious infringements of the exclusive right to use registered trademarks. Therefore, the understanding of "identical" trademarks should be based on two aspects: on the one hand, we should pay attention to the reasonable realization of the purpose of the criminal law to protect the exclusive rights of trademarks and the legitimate rights and interests of consumers; on the other hand, we should also pay attention to the objective behavior of the criminal law on the crime of counterfeiting registered trademarks. Be selective and limited, and strictly interpret the meaning of "identical" trademarks. From the perspective of protecting the exclusive rights of trademarks and the legitimate rights and interests of consumers, the "identical" trademarks mentioned in the criminal law obviously cannot be limited to two trademarks that are exactly the same in pronunciation, appearance, meaning, etc. Theoretically, some people believe that the so-called identical trademark can only refer to a trademark that is exactly the same as a registered trademark. Otherwise, the use of a trademark that is not exactly the same as a registered trademark is deemed to be a crime of counterfeiting a registered trademark, which is suspected of violating the principle of statutory crime and punishment. This view mechanically understands the terminology of criminal law and is also unrealistic in judicial practice.
According to Article 69 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" [Counterfeiting of Registered Trademark Cases (Criminal Law Article 213)], without the permission of the owner of the registered trademark, the use of the same trademark as the registered trademark on the same kind of goods is suspected of one of the following circumstances, a case shall be filed for prosecution:
(1) The illegal business amount exceeds 50,000 yuan or the illegal income amount exceeds More than 30,000 yuan;
(2) Counterfeiting Two or more registered trademarks, the amount of illegal business operations is more than 30,000 yuan or the amount of illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
"Criminal Law" Article 213 [Crime of counterfeiting registered trademarks] Using a trademark identical to the registered trademark on the same kind of goods 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 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.
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