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Trademark Counterfeiting

The Trademark Counterfeiting crime in the state of Texas gives police the right to arrest you if they believe you copied a company’s mark and tried to use it with the intent to sell, advertise or manufacture a product or service. Learn more detailed information about the Trademark Counterfeiting offense below

Have you been charged with Trademark Counterfeiting? Call criminal lawyer Paul Saputo at (888) 239-9305.

Trademark Counterfeiting is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”

What is the law in Texas about Trademark Counterfeiting?

The offense is described in Section 32.23 of the Texas Penal Code.

(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.

How can I be charged with Trademark Counterfeiting?

You can be charged with Trademark Counterfeiting 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 punishment for Trademark Counterfeiting?

If the retail value of the item or service is less than $100 then a conviction for Trademark Counterfeiting is punished as a Class C misdemeanor,1 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 is punished as a Class B misdemeanor,2 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 is punished as a Class A misdemeanor,3 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 is punished as a State Jail Felony,4 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 is punished as a Felony of the Third Degree,5 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 is punished as a Felony of the Second Degree,6 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 then a conviction for Trademark Counterfeiting is punished as a Felony of the First Degree,7 with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1Texas Penal Code Section 32.23(e)(1)

2Texas Penal Code Section 32.23(e)(2)

3Texas Penal Code Section 32.23(e)(3)

4Texas Penal Code Section 32.23(e)(4)

5Texas Penal Code Section 32.23(e)(5)

6Texas Penal Code Section 32.23(e)(6)

7Texas Penal Code Section 32.23(e)(7)

Published by Criminal Defense Attorney on and last modified