The registered trademark involved in the case is protected by law within the validity period. Guan sold goods that he knew were counterfeit registered trademarks, and the sales amount was huge. His behavior constituted the crime of selling goods with counterfeit registered trademarks. Guan used Internet celebrity anchors to sell fake goods, which not only harmed the interests of consumers, but also violated the rights and interests of the rights holders of the goods involved, seriously disrupting the social market order. Based on the nature, circumstances and degree of social harm of Guan’s crime, he was sentenced to three years and three months in prison for selling goods with counterfeit registered trademarks, and was fined RMB 220,000; the illegal gains recovered and the counterfeit goods seized were Goods with registered trademarks shall be confiscated.
Article 214 of my country’s Criminal Law stipulates that anyone who knowingly sells goods that are counterfeit registered trademarks, and the amount of illegal income is relatively large, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely. If the amount of illegal gains is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.