The criminal constitution of the crime of illegally manufacturing and selling illegally manufactured registered trademark marks includes:
1. Object elements: The object infringed by this crime is the national trademark management system and the exclusive right of others to register trademarks.
2. Objective requirements: This crime is objectively manifested as a serious act of forging or unauthorized manufacturing of other's registered trademark logo or selling of forged or unauthorized manufacturing of trademark logo in violation of trademark management regulations.
3. Main elements: the subject of this crime is an enterprise, institution or individual, and the unit can be either a legal person or an unincorporated person; Individuals include both individual businesses with industrial and commercial business licenses and other individuals without business licenses.
4. Subjective elements: This crime can only be intentional in the subjective aspect, that is, knowingly forging the registered trademark logo of another person, or knowingly violating the provisions of the contract for printing the registered trademark logo, still intentionally manufacturing in excess, or knowingly forging or manufacturing the registered trademark logo of another person without authorization, but still deliberately selling it. Negligence cannot constitute this crime.
[Legal Basis]
Article 215 of the Criminal Law states that anyone who forges, or without authorization manufactures, another person's registered trademark logo or sells, a registered trademark logo that is forged or manufactured without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years 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 10 years and shall also be fined.
