1. Without permission, it is illegal and may even be guilty of counterfeiting a registered trademark. Whoever uses the same trademark as the registered trademark on the same commodity or service 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 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 ten years and fined;
2. If you have licensed the sale, it is not illegal.
Whether it is illegal to sell OEM products can be divided into the following situations:
1. It is not illegal for the actor to obtain the license of the trademark owner and pay the royalties;
2. It is illegal for the actor to use his trademark without permission to obtain benefits.
Permission is legal, not illegal.
OEM refers to the production of products and accessories by one manufacturer according to the requirements of another manufacturer. Also called OEM or authorized OEM.
It can represent outsourcing and subcontracting.
The nature of OEM belongs to the pure processing contract in the Civil Code.
If the illegal income from selling brand products reaches 20,000 yuan, administrative punishment shall be imposed and a fine shall be imposed. If the amount involved reaches 50,000 yuan, if the circumstances are serious, it will be deemed as suspected counterfeit and shoddy products, which constitutes a crime, and the parties concerned should bear criminal responsibility. Consumers can also sue for fraud in this service.
The crime of selling goods with counterfeit registered trademarks refers to the act of selling goods that are known to be counterfeit registered trademarks, and the sales amount is more than 50 thousand yuan.
1, the subject of this crime is the general subject, that is, it can be any unit or individual;
2. The object of infringement is the legal right of others' exclusive right to use registered trademarks and the national trademark management order;
3. Subjectively, it must be intentional, that is, knowing that the goods are counterfeit registered trademarks.
If the perpetrator does not know, it does not constitute this crime;
Objectively speaking, you must have the behavior of distributing counterfeit registered trademark goods, and the distribution amount is relatively large.
Distribution includes wholesale, retail and consignment. Determining whether a criminal suspect knowingly sells goods with counterfeit registered trademarks should be based on the objective facts of the case. As long as it can be proved that he knows or should know that he is selling counterfeit money, he can be regarded as knowing it.
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
In short, from the analysis of the appeal, it can be seen that the illegal act of selling goods with counterfeit registered trademarks not only constitutes the four elements in the criminal law, but also requires the sales amount to be more than 50 thousand yuan. If a party is investigated by the public security organ or prosecuted by the procuratorate because of a complaint, it is recommended that the party consult a professional lawyer.
To sum up, if the illegal sales of brand products are small, they will be given administrative punishment and fined, and the amount of the fine will be determined according to the amount involved. If the circumstances involved are serious, it will constitute a crime, and the corresponding criminal responsibility will be investigated for the crime of counterfeiting and shoddy products, and the parties will bear the main responsibility.
Legal basis:
Criminal law of the people's Republic of China
Article 213 The crime of counterfeiting a registered trademark refers to using the same trademark as its registered trademark on the same commodity or service without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years 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 ten years and shall also be fined.
the trademark law of the people's republic of china
Article 57 Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.