Skip to content

Trade mark, unauthorised use of etc.

s.92 Trade Marks Act 1994 · Triable either way

Back to Offence Library

Sentencing framework

This guideline sets out how offenders can be categorized based on their culpability and the harm caused. The court assesses the seriousness of the offence and determines an appropriate starting point for sentencing, which can lead to custodial or community orders. Aggravating factors may increase the sentence, while mitigating factors may reduce it.

Maximum sentence

10 years’ custody

Court

Triable either way

Offence range

Discharge – 7 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Purchasers or others put at risk of harm from counterfeit items
  • ·Expectation of substantial financial gain
  • ·Attempts to conceal/dispose of evidence
  • ·Attempts to conceal identity
  • ·Failure to respond to warnings about behaviour
  • ·Blame wrongly placed on others
  • ·Failure to comply with current court orders

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct (regardless of previous convictions)
  • ·Offender co-operated with investigation, made early admissions and/or voluntarily reported offending
  • ·Expectation of limited financial gain
  • ·Lapse of time since apprehension where this does not arise from the conduct of the offender
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — determining the offence category
  2. Step 2 — starting point and category range
  3. Step 3 — consider any factors which indicate a reduction
  4. Step 4 — reduction for guilty pleas
  5. Step 5 — totality principle
  6. Step 6 — confiscation, compensation and ancillary orders
  7. Step 7 — reasons
  8. Step 8 — consideration for time spent on bail (tagged curfew)

Guideline notes

  • The court should consider the offender's financial circumstances when imposing fines or compensation orders.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.