A Brief Description On The Trademark Crime

Along with the socialist market economy develops rapidly，the world ofintellectual property protection efforts have been strengthened.As an important partof the intellectual property rights, the trademark has become the intangible assets ofenterprises and businesses. The enormous commercial interests make thedevelopment of trademarks faster and faster.. The same time, the full protection oftrademarks is a topic of concern. China’s legal protection for trademarks is from civillaw to the administrative law to the criminal law. The harshness of the criminal lawplay an important role in the fight against trademark infringement. According to thesurvey, the infringement of intellectual property crime has become one of the mostserious crimes in the17categories of transnational crime, prescribed by the UnitedNations. Trademark crime research and analysis has important practical significance.In judicial practice, most of the trademark crime is a form of the crime ofcounterfeiting registered trademarks, and the crime of the sale of counterfeittrademark goods, while very little crime on the logo. Therefore, the crime ofcounterfeiting a registered trademark and the crime of the sale of counterfeitregistered trademark is the focus of this article.This paper is divided into three parts.The first part is the understanding of the"the same kind of goods" on trademark crimes. This part include the reference goods,standards of "the same kind of goods",and the distinction of "the same kind ofgoods" and "similar goods".The second part briefly describe the registeredtrademarks. At this part,I analyze the concept of the registered trademarks, the scope of application,the utilize of "the same trademark" on the crime of counterfeiting aregistered trademark,and the difference between the same trademark and similartrademarks.The third part analyzes the amounts of the trademarks crime,meanwhilechoose some situations of amount’s apply on judicial practice for research.