The constitutive conditions of the crime of counterfeiting registered trademarks are as follows:
1. The subject of the crime is general subject and unit, that is, any enterprise, institution or individual counterfeits another person's registered trademark, and if the circumstances meet the criminal standards, it will constitute a crime;
2. The object of infringement is the legitimate exclusive right of others to use registered trademarks, as well as the national trademark management order;
3. Subjective aspect is intentional, and the purpose is to make profits;
4. Objectively, the perpetrator has carried out the act of counterfeiting trademarks prohibited by the Criminal Law, and the circumstances are serious.
If the circumstances of the crime of counterfeiting a registered trademark are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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.
[Legal Basis]
Article 213 of the Criminal Law states that the use of the same trademark as its registered trademark on the same kind of goods without the permission of the owner of the registered trademark is serious;
To be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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.
