Trademark Counterfeiting graphic with Texas flag Trademark Counterfeiting
Trademark Counterfeiting graphic with Texas flag

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 to discuss legal representation.

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

What is the current Texas law about Trademark Counterfeiting?

The current Texas law is 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.

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,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 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 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 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 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 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 then a conviction for Trademark Counterfeiting 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. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1 Texas Penal Code §32.23

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)

Recent Case Results

  • 2019 Not Guilty in Collin County DWI >0.15
  • 2019 Not Guilty in Dallas County Indecency with a Child
  • Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
  • 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
  • Not Guilty in 2018 Dallas County DWI Trial
  • Client cleared in Dallas Police Shooting wrongful accusation
  • Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
  • Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
  • Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
  • United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
  • ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
  • Client “No-billed” by grand jury investigating shooting death case
  • Coverage of Case Involving Waco teacher sending messages to student
  • Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
  • Rare Not Guilty verdict in Rockwall County DWI
  • 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
  • Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
  • Coverage of teen Lewisville client charged with hit-and-run death
  • Two Montague County Indecency with a Child cases Dismissed