1, stealing another person's trademark belongs to "trademark infringement". The infringed natural person or legal person has the right to ask the infringer to stop the infringement, eliminate the influence and compensate the losses in civil. If the circumstances are serious, they shall also bear criminal responsibility. China's criminal law has special provisions on intellectual property crimes.
2.( 1) Crime of counterfeiting a registered trademark. According to Article 213 of the Criminal Law, anyone who uses the same trademark on the same commodity 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 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.
(2) the crime of selling goods with counterfeit registered trademarks. According to Article 214 of the Criminal Law, whoever knowingly sells goods with counterfeit registered trademarks in a large amount 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 sales amount is huge, 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.
(3) The crime of illegally manufacturing or selling illegally manufactured registered trademark marks. According to Article 215 of the Criminal Law, whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall 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.
What criminal law did trademark theft violate?
Trademark theft violates the criminal law and may be suspected of counterfeiting registered trademarks. Generally sentenced to fixed-term imprisonment of not more than three years, with a fine or a single fine; 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 crime of counterfeiting a registered trademark refers to a serious act of using the same trademark on the same commodity without the permission of the registered trademark owner in violation of the national trademark management regulations.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 2 13 of the Criminal Law of People's Republic of China (PRC).
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.