Trademark Counterfeiting

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Trademark Counterfeiting”, as per § 32.23 of the Texas Penal Code, occurs when a 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:

• bears or is identified by a counterfeit mark; or
• the person knows or should have known bears or is identified by a counterfeit mark.

An offense under this section is a:

• Class C misdemeanor if the retail value of the item or service is less than $100;
• Class B misdemeanor if the retail value of the item or service is $100 or more but less than $750;
• Class A misdemeanor if the retail value of the item or service is $750 or more but less than $2,500;
• state jail felony if the retail value of the item or service is $2,500 or more but less than $30,000;
• felony of the third degree if the retail value of the item or service is $30,000 or more but less than $150,000;
• felony of the second degree if the retail value of the item or service is $150,000 or more but less than $300,000; or
• felony of the first degree if the retail value of the item or service is $300,000 or more.

Punishment Range

Misdemeanor C

• Fine not to exceed $500

Misdemeanor B

• Confinement in jail for a term not to exceed 180 days
• Fine not to exceed $2,000
• Both such fine and confinement

Misdemeanor A

• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both such fine and confinement

State Jail Felony

• Confinement in a state jail for not more than two years and not less than 180 days
• In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

• Imprisonment in the institutional division for not more than 10 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

• Imprisonment in the institutional division for life, or
• Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
• In addition to imprisonment, may receive a fine not to exceed $10,000