The Constitution Of The Crime Of Counterfeiting Registered Trademarks

It is very important to explain the article 213 of criminal law, especially when it is used to measure whether a person have a crime of counterfeiting registered trademark. "The same" means the same species, it contains not only the same goods, but also the goods belong to same species. In some cases, the "goods" can be used to judge whether a person have a crime or not. There are many kinds of “use”, like using on commodity packaging or containers, using on advertising, exhibition, and other business activities. "The same trademark" includes the same trademark and the similar trademark which is enough to cause misidentification of trademark. "Registered trademark" includes the trademark registered in China Trademark Office and the well-known trademark registered in foreign countries. It contains commodity trademarks, service trademarks, certification trademarks, collective trademarks. " Serious circumstances" means that the illegal business is relatively large; or the illegal income is relatively large; or the trademark infringement behavior was practiced for many times; or the trademark infringement had serious social impact. People who have a crime of counterfeiting registered trademark must have an intentional idea, a specific purpose of making a profit is not needed.