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CHAPTER 32. FRAUD
§ 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;
(B) registered on the principal register of the
United States Patent and Trademark Office;
(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. |
