What kind of trademark infringement should be investigated for criminal responsibility?

Some friends may mistakenly think that after trademark infringement is discovered, as long as it is corrected immediately, it is a big deal to accept a fine. In fact, some trademark infringements are criminally liable, with a maximum sentence of seven years' imprisonment.

1. What are the acts that constitute the crime of trademark infringement?

1, crime of counterfeiting registered trademarks

Article 213 of the Criminal Law stipulates that the crime of counterfeiting trademarks is: using the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner, and the circumstances are serious or especially serious.

2. Crime of selling goods with counterfeit registered trademarks

Article 214 of the Criminal Law stipulates that the crime is: selling goods that are knowingly counterfeit registered trademarks, and the sales amount is large or huge.

3. The crime of illegally manufacturing or selling other people's registered trademarks.

Article 215 of the Criminal Law stipulates that the crime is: forging or making another person's registered trademark logo without authorization, if the circumstances are serious or especially serious.

In practice, trademark infringement will only constitute the corresponding trademark infringement crime if the circumstances are serious, and the actor needs to bear certain criminal responsibility at this time.

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 only be fined;

If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Second, which trademark infringements are "serious"?

1. Using the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner, and the illegal business amount is more than 654.38+10,000 yuan;

Second, forging or manufacturing others' registered trademark logos without authorization or selling more than 20,000 pieces (sets) of forged or unauthorized registered trademark logos;

Third, he was given two administrative penalties by the administrative department for industry and commerce for counterfeiting another person's registered trademark;

Fourth, using bribery and other illegal means to promote counterfeit trademark goods or counterfeit or unauthorized manufacture of other people's registered trademarks;

Fifth, counterfeiting the trademarks of medicines for human use registered by others;

Sixth, counterfeiting other people's registered trademarks has caused adverse social and international impacts. In addition, those who collude with criminals who counterfeit other people's registered trademarks to provide them with convenient conditions such as manufacturing, selling, using, warehousing, transporting, mailing and hiding will also be investigated for criminal responsibility of criminals who counterfeit registered trademarks.

Therefore, trademark infringement is not a trivial matter, not only to bear civil compensation and administrative punishment, but also may violate the criminal law. This highlights the importance of trademark rights from another angle, and urges relevant business owners to do their own trademark work and strive to build their own brands.

trademark infringement