Trademark Counterfeiting: Texas Penal Code §32.23

The Texas Trademark Counterfeiting law makes it a crime to intentionally manufacture, display, advertise, distribute, offer for sale, sell, or possess with intent to sell or distribute a counterfeit mark or an item or service that bears or is identified by a counterfeit mark.

The Texas legislature codified this criminal offense in Texas Penal Code Section 32.23. The legislature did not update this law in 2025. In fact, this law has not been amended since 2015.

However, in 2025, the legislature extended the limitations period for all Chapter 32 felonies, including felony versions of this offense, to seven years for conduct occurring on or after September 1, 2025.

The Penal Code classifies the Texas Trademark Counterfeiting law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Trademark Counterfeiting below.

What is the current Texas law about Trademark Counterfeiting?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Trademark Counterfeiting in Penal Code Section §32.23, as follows:^[1]

(b) A person commits an offense if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a counterfeit mark or an item or service that:

(1) bears or is identified by a counterfeit mark; or

(2) the person knows or should have known bears or is identified by a counterfeit mark.

What is the penalty for a Texas Trademark Counterfeiting offense?

If the retail value of the item or service is less than $100 then a conviction for Trademark Counterfeiting in Texas is punished as a Class C misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $500.

If the retail value of the item or service is $100 or more but less than $750 then a conviction for Trademark Counterfeiting in Texas is punished as a Class B misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If the retail value of the item or service is $750 or more but less than $2,500 then a conviction for Trademark Counterfeiting in Texas is punished as a Class A misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

If the retail value of the item or service is $2,500 or more but less than $30,000 then a conviction for Trademark Counterfeiting in Texas is punished as a state jail felony,^[5] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

If the retail value of the item or service is $30,000 or more but less than $150,000 then a conviction for Trademark Counterfeiting in Texas is punished as a Felony of the Third Degree,^[6] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If the retail value of the item or service is $150,000 or more but less than $300,000 then a conviction for Trademark Counterfeiting in Texas is punished as a Felony of the Second Degree,^[7] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If the retail value of the item or service is $300,000 or more then a conviction for Trademark Counterfeiting in Texas is punished as a Felony of the First Degree,^[8] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison.

How can I be charged with a Trademark Counterfeiting offense in Texas?

You can be charged with Trademark Counterfeiting in Texas if the state’s attorneys believe that each of the elements of §32.23(b)(1) or (2), as described in the section above, have been met.

What is the statute of limitations for Trademark Counterfeiting in Texas?

Misdemeanor level Trademark Counterfeiting charges have a two-year limitations period.^[9] Felony level Trademark Counterfeiting charges have a seven-year limitations period for offenses occurring on or after September 1, 2025.^[10] For conduct before September 1, 2025, the limitations period for felonies is three years, the default felony limitations period under prior law, and the new seven-year period does not revive prosecutions already barred before that date.^[11]

Can you get probation for Trademark Counterfeiting in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Trademark Counterfeiting, and judges are also allowed to accept deferred adjudication plea deals.^[12]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[13] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[14]

What level of crime is Trademark Counterfeiting in Texas?

The Penal Code classification of the punishment for Trademark Counterfeiting ranges from a Class C misdemeanor to a first degree felony, depending on the value of the item or service.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §32.23. This law is current as of 2025.^2. Texas Penal Code §32.23(e)(1)^3. Texas Penal Code §32.23(e)(2)^4. Texas Penal Code §32.23(e)(3)^5. Texas Penal Code §32.23(e)(4)^6. Texas Penal Code §32.23(e)(5)^7. Texas Penal Code §32.23(e)(6)^8. Texas Penal Code §32.23(e)(7)^9. Code of Criminal Procedure 12.02(a)^10. Code of Criminal Procedure 12.01(3)(A), as amended by SB 2798, 89th Legislature (RS), Sections 1, 3^11. SB 2798, 89th Legislature (RS), Section 2^12. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^13. Art. 42A.053(c), Texas Code of Criminal Procedure^14. Art. 42A.054(b), Texas Code of Criminal Procedure