Now, once a counterfeit well-known trademark is identified, what penalties will there be? Let's take a look at what the following small series brings to you. What are the penalties for counterfeiting well-known trademarks? There may be something you need.

How to punish the crime of counterfeiting registered trademarks

Counterfeiting a registered trademark not only plagiarizes the reputation of the registrant's goods, but also harms the interests of consumers. Therefore, all countries regard counterfeiting registered trademarks as a criminal act and impose criminal sanctions on criminals. China's criminal law also makes the following provisions.

(1) It is a crime to use the same trademark as the registered trademark on the same commodity without the permission of the registered trademark owner, and the illegal income is relatively large or there are other serious circumstances. 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 amount of illegal income 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.

(2) Whoever knowingly sells goods that are counterfeit registered trademarks, and the illegal income is relatively large, also constitutes the crime of counterfeiting registered trademarks, and shall be punished by applying mutatis mutandis the above provisions.

(3) Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, and the amount of illegal income is relatively large or there are other serious circumstances, shall be punished by applying mutatis mutandis the above provisions. It can be seen that the act of counterfeiting registered trademarks stipulated in the criminal law is more specific and more realistic. It is not only easy to implement, but also makes the protection of trademark exclusive right more sufficient and powerful. At the same time, the criminal law increases the maximum sentence of the crime of counterfeiting registered trademarks from 3 years to 7 years, which undoubtedly increases the deterrent to criminals who counterfeit registered trademarks.

Determination of the crime of counterfeiting registered trademarks

(1) The subject of the crime of counterfeiting a registered trademark is the general subject, that is, any enterprise, institution or individual counterfeiting another person's registered trademark, and the circumstances reach the crime standard, which constitutes this crime.

(2) The object of the crime of counterfeiting registered trademarks is the legal exclusive right of others to register trademarks and the state trademark management order;

(3) The subjective aspect of the crime of counterfeiting registered trademarks is intentional and for the purpose of making profits. Negligence does not constitute this crime.

(4) The objective aspect of the crime of counterfeiting registered trademarks is that the perpetrator has committed trademark counterfeiting prohibited by the criminal law, and the circumstances are serious.

What acts constitute the crime of counterfeiting registered trademarks?

The following acts that infringe the exclusive right to use a trademark constitute a criminal offence of trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant, and the circumstances are serious;

(two) the sale of goods that are knowingly counterfeit registered trademarks, and the sales amount is relatively large;

(3) Forging or unauthorized manufacturing of another person's registered trademark logo, or selling the forged or unauthorized manufacturing of another person's registered trademark logo, if the circumstances are serious.

How to deal with illegal use of trademarks?

Where a trademark registrant commits any of the following acts, the Trademark Office shall order it to correct or revoke its registered trademark within a time limit:

(1) Change the registered trademark by itself;

(2) Changing the name, address or other registered items of the registrant of a registered trademark;

(3) Transferring a registered trademark by itself;

(4) Stop using it for three consecutive years;

(5) Using a registered trademark, the goods are shoddy and deceive consumers.

If a party refuses to accept the decision of the Trademark Office to cancel a registered trademark, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days after receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. Where a registered trademark is revoked due to illegal use, its exclusive right to use the registered trademark shall be extinguished as of the effective date of the revocation decision of the Trademark Office.

Recommended reading:

Trademark office revokes registered trademark.

This refers to a management measure that the trademark authority cancels a registered trademark for some reason, which is a normal elimination of trademark rights. Under the following circumstances, the Trademark Office may revoke the registered trademark:

1. The registered trademark has not been renewed or the renewal has not been approved.

2. Where a trademark registrant applies for cancellation of its registered trademark or cancellation of its trademark registration on a designated commodity, its exclusive right to use a registered trademark or its exclusive right to use a registered trademark on a designated commodity shall be terminated from the date when the Trademark Office receives the cancellation application.

3. If the registrant of a trademark dies or terminates, and 1 year has elapsed since the date of death or termination, and the registered trademark has not been transferred, anyone may apply to the Trademark Office for cancellation of the registered trademark. To apply for cancellation, evidence of the death or termination of the trademark registrant shall be submitted. Where a registered trademark is cancelled due to the death or termination of the trademark registrant, the exclusive right to use the registered trademark shall be terminated from the date of the death or termination of the trademark registrant.

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