Colorado criminal charge
Trademark counterfeiting in Colorado
Trademark counterfeiting is a criminal offense under Colorado law, defined by C.R.S. § 18-5-110.5. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-5-110.5.
What is the penalty for trademark counterfeiting in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (Trademark counterfeiting (<$300) — Total retail value of all goods or services bearing a counterfeit mark is less than $300.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to $300 (Trademark counterfeiting (<$300) — Total retail value of all goods or services bearing a counterfeit mark is less than $300.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (Trademark counterfeiting ($300–$1,000) — Total retail value of all goods or services bearing a counterfeit mark is $300 or more but less than $1,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Trademark counterfeiting ($300–$1,000) — Total retail value of all goods or services bearing a counterfeit mark is $300 or more but less than $1,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (Trademark counterfeiting ($1,000–$2,000) — Total retail value of all goods or services bearing a counterfeit mark is $1,000 or more but less than $2,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Trademark counterfeiting ($1,000–$2,000) — Total retail value of all goods or services bearing a counterfeit mark is $1,000 or more but less than $2,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Trademark counterfeiting ($2,000–$5,000) — Total retail value of all goods or services bearing a counterfeit mark is $2,000 or more but less than $5,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Trademark counterfeiting ($2,000–$5,000) — Total retail value of all goods or services bearing a counterfeit mark is $2,000 or more but less than $5,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Trademark counterfeiting ($2,000–$5,000) — Total retail value of all goods or services bearing a counterfeit mark is $2,000 or more but less than $5,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Trademark counterfeiting ($5,000–$20,000) — Total retail value of all goods or services bearing a counterfeit mark is $5,000 or more but less than $20,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Trademark counterfeiting ($5,000–$20,000) — Total retail value of all goods or services bearing a counterfeit mark is $5,000 or more but less than $20,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Trademark counterfeiting ($5,000–$20,000) — Total retail value of all goods or services bearing a counterfeit mark is $5,000 or more but less than $20,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Trademark counterfeiting ($20,000–$100,000) — Total retail value of all goods or services bearing a counterfeit mark is $20,000 or more but less than $100,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Trademark counterfeiting ($20,000–$100,000) — Total retail value of all goods or services bearing a counterfeit mark is $20,000 or more but less than $100,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Trademark counterfeiting ($20,000–$100,000) — Total retail value of all goods or services bearing a counterfeit mark is $20,000 or more but less than $100,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Trademark counterfeiting ($100,000–$1,000,000) — Total retail value of all goods or services bearing a counterfeit mark is $100,000 or more but less than $1,000,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (Trademark counterfeiting ($100,000–$1,000,000) — Total retail value of all goods or services bearing a counterfeit mark is $100,000 or more but less than $1,000,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Trademark counterfeiting ($100,000–$1,000,000) — Total retail value of all goods or services bearing a counterfeit mark is $100,000 or more but less than $1,000,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Trademark counterfeiting ($1,000,000+) — Total retail value of all goods or services bearing a counterfeit mark is $1,000,000 or more.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $5,000 to $1,000,000 (Trademark counterfeiting ($1,000,000+) — Total retail value of all goods or services bearing a counterfeit mark is $1,000,000 or more.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Trademark counterfeiting ($1,000,000+) — Total retail value of all goods or services bearing a counterfeit mark is $1,000,000 or more.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is trademark counterfeiting classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trademark counterfeiting (<$300) | Petty Offense | Total retail value of all goods or services bearing a counterfeit mark is less than $300. | 18-5-110.5(2)(a)(I) |
| Trademark counterfeiting ($300–$1,000) | Class 2 Misdemeanor | Total retail value of all goods or services bearing a counterfeit mark is $300 or more but less than $1,000. | 18-5-110.5(2)(a)(II) |
| Trademark counterfeiting ($1,000–$2,000) | Class 1 Misdemeanor | Total retail value of all goods or services bearing a counterfeit mark is $1,000 or more but less than $2,000. | 18-5-110.5(2)(a)(III) |
| Trademark counterfeiting ($2,000–$5,000) | Class 6 Felony | Total retail value of all goods or services bearing a counterfeit mark is $2,000 or more but less than $5,000. | 18-5-110.5(2)(a)(IV) |
| Trademark counterfeiting ($5,000–$20,000) | Class 5 Felony | Total retail value of all goods or services bearing a counterfeit mark is $5,000 or more but less than $20,000. | 18-5-110.5(2)(a)(V) |
| Trademark counterfeiting ($20,000–$100,000) | Class 4 Felony | Total retail value of all goods or services bearing a counterfeit mark is $20,000 or more but less than $100,000. | 18-5-110.5(2)(a)(VI) |
| Trademark counterfeiting ($100,000–$1,000,000) | Class 3 Felony | Total retail value of all goods or services bearing a counterfeit mark is $100,000 or more but less than $1,000,000. | 18-5-110.5(2)(a)(VII) |
| Trademark counterfeiting ($1,000,000+) | Class 2 Felony | Total retail value of all goods or services bearing a counterfeit mark is $1,000,000 or more. | 18-5-110.5(2)(a)(VIII) |
Common questions about trademark counterfeiting in Colorado
Is trademark counterfeiting a felony or a misdemeanor in Colorado?
It depends on the circumstances: trademark counterfeiting ranges from a Petty Offense to a Class 2 Felony in Colorado under C.R.S. § 18-5-110.5.
Trademark counterfeiting (<$300): Petty Offense (C.R.S. § 18-5-110.5(2)(a)(I)) · Trademark counterfeiting ($300–$1,000): Class 2 Misdemeanor (C.R.S. § 18-5-110.5(2)(a)(II)) · Trademark counterfeiting ($1,000–$2,000): Class 1 Misdemeanor (C.R.S. § 18-5-110.5(2)(a)(III)) · Trademark counterfeiting ($2,000–$5,000): Class 6 Felony (C.R.S. § 18-5-110.5(2)(a)(IV)) · Trademark counterfeiting ($5,000–$20,000): Class 5 Felony (C.R.S. § 18-5-110.5(2)(a)(V)) · Trademark counterfeiting ($20,000–$100,000): Class 4 Felony (C.R.S. § 18-5-110.5(2)(a)(VI)) · Trademark counterfeiting ($100,000–$1,000,000): Class 3 Felony (C.R.S. § 18-5-110.5(2)(a)(VII)) · Trademark counterfeiting ($1,000,000+): Class 2 Felony (C.R.S. § 18-5-110.5(2)(a)(VIII))
What are the penalties for trademark counterfeiting in Colorado?
Penalties for trademark counterfeiting in Colorado depend on how it is classified — from a Petty Offense up to a Class 2 Felony — with the ranges set by C.R.S. § 18-1.3-503, C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers trademark counterfeiting?
Trademark counterfeiting is governed by C.R.S. § 18-5-110.5 (Trademark counterfeiting).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.