Is trademark infringement criminal in China ?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of whether trademark infringement constitutes a criminal offense in China. This article will discuss what acts of trademark infringement constitute criminal offenses, the legal consequences and sentencing ranges of criminal offenses, and the expertise of Michael Xu's legal team in trademark infringement legal services.

I. What Acts of Trademark Infringement Constitute Criminal Offenses in China?

Counterfeiting Registered Trademarks

1. 

1. Description: Using a trademark identical or similar to a registered trademark on the same or similar goods without the trademark owner's permission.

2. Legal Basis: Article 213 of the Criminal Law of the People's Republic of China stipulates that counterfeiting registered trademarks constitutes a crime.

Selling Goods with Counterfeit Registered Trademarks

1. Description: Selling goods that are known to bear counterfeit registered trademarks.

2. Legal Basis: Article 214 of the Criminal Law stipulates that selling goods with counterfeit registered trademarks constitutes a crime.

Forging or Unauthorized Manufacturing of Trademark Labels

1. Description: Forging or unauthorized manufacturing of another person's registered trademark labels or selling such forged or unauthorized labels.

2. Legal Basis: Article 215 of the Criminal Law stipulates that forging or unauthorized manufacturing of trademark labels constitutes a crime.

Providing Facilitation

1. Description: Providing facilitation for acts of counterfeiting registered trademarks, such as supplying materials, packaging, transportation, storage, etc.

2. Legal Basis: According to relevant judicial interpretations, such acts may also be recognized as accomplices in trademark infringement, constituting a criminal offense.

II. Legal Consequences and Sentencing Ranges of Criminal Offenses

Legal Consequences

1. Criminal Liability: Those convicted of the crimes of counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, or forging or unauthorized manufacturing of trademark labels will be held criminally liable.

2. Administrative Penalties: In addition to criminal liability, administrative penalties from the administrative department for industry and commerce may include fines, confiscation of illegal gains, and confiscation of counterfeit products.

Sentencing Ranges

1. Fines: Criminals will be fined, with the amount determined based on specific circumstances and illegal gains.

2. Imprisonment: Depending on the severity of the crime, imprisonment of up to three years, criminal detention, or public surveillance may be imposed, along with fines. For particularly serious cases, imprisonment of three to ten years and fines may be imposed.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in trademark infringement legal services in China. We are dedicated to providing comprehensive trademark protection and enforcement solutions to help clients effectively safeguard their trademark rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and trademark experts specializing in trademark infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling trademark infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in trademark protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex trademark infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous trademark infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign enterprises can ensure their trademarks are fully protected in China and receive the most professional legal support and solutions when facing trademark infringement issues.