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Liberty County Texas Criminal Defense Trial Attorneys Jim Sullivan and Associates represent real people accused of all kinds of criminal offenses, including Trademark Counterfeiting, in Liberty, Harris and surrounding counties. You can call Jim Sullivan right now at 281-546-6428.
TEXAS PENAL CODE
Sec. 32.23. TRADEMARK COUNTERFEITING. (a) In this section:
(1) ”Counterfeit mark” means a mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark.
(2) ”Identification mark” means a data plate, serial number, or part identification number.
(3) ”Protected mark” means a trademark or service mark or an identification mark that is:
(A) registered with the secretary of state;
(C) registered under the laws of another state; or
(D) protected by Section 16.30, Business & Commerce Code, or by 36 U.S.C. Section 371 et seq.
(4) ”Retail value” means the actor’s regular selling price for a counterfeit mark or an item or service that bears or is identified by a counterfeit mark, except that if an item bearing a counterfeit mark is a component of a finished product, the retail value means the actor’s regular selling price of the finished product on or in which the component is used, distributed, or sold.
(5) ”Service mark” has the meaning assigned by Section 16.01, Business & Commerce Code.
(6) ”Trademark” has the meaning assigned by Section 16.01, Business & Commerce 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.
(c) A state or federal certificate of registration of intellectual property is prima facie evidence of the facts stated in the certificate.
(d) For the purposes of Subsection (e), when items or services are the subject of counterfeiting in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the retail value of the items or services aggregated in determining the grade of offense.
(e) An offense under this section is a:
(1) Class C misdemeanor if the retail value of the item or service is less than $20;
(2) Class B misdemeanor if the retail value of the item or service is $20 or more but less than $500;
(3) Class A misdemeanor if the retail value of the item or service is $500 or more but less than $1,500;
(4) state jail felony if the retail value of the item or service is $1,500 or more but less than $20,000;
(5) felony of the third degree if the retail value of the item or service is $20,000 or more but less than $100,000;
(6) felony of the second degree if the retail value of the item or service is $100,000 or more but less than $200,000; or
(7) felony of the first degree if the retail value of the item or service is $200,000 or more.
LIBERTY COUNTY CRIMINAL LAWYERS
Serving clients throughout Texas, including Houston, Galveston, Angleton, Pearland, Alvin, Sugar Land, Bellville, Clear Lake, Conroe, Pasadena, La Porte, Missouri City, Texas City, Friendswood, Richmond, Rosenberg, Corpus Christi, Brownsville, San Antonio, Laredo, El Paso, El Campo, Austin, San Marcos, Dallas, Denton, Plano, Lubbock, Midland, Anahuac, Beaumont, Hempstead, Huntsville, Liberty, The Woodlands, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Austin County, Brazoria County, Chambers County, Colorado County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, Waller County, Walker County and Wharton County.