Article 274 of the Criminal Code
TÍTULO XIII — Delitos contra el patrimonio y contra el orden socioeconómico
Previous versions
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal.
In force from 24/05/1996 to 30/09/2004
In force from 01/10/2004 to 30/09/2004
In force from 01/10/2004 to 22/12/2010
In force from 23/12/2010 to 30/06/2015
Explanation and defense
What Article 274 of the Criminal Code punishes
Article 274 gives criminal-law protection to registered trademarks against counterfeiting and the marketing of products bearing signs identical to, or confusable with, someone else's mark, without the owner's consent and with knowledge of the registration. The provision distinguishes several levels of severity depending on the role played in the distribution chain: manufacturing, producing or importing counterfeit goods, and offering, distributing or wholesaling them or storing them for that purpose, is the most serious form; offering or retailing them, providing services under those signs, or reproducing and imitating the distinctive sign for these purposes is an intermediate form; and street or occasional selling of these goods receives distinct treatment, with the possibility of replacing prison with a fine or community service where the amount involved is small. The article also protects plant varieties, punishing the unauthorised exploitation of protected plant varieties.
Penalty
Manufacturing, producing, importing, distributing or wholesaling counterfeit-branded products: one to four years in prison and a fine of twelve to twenty-four months. Offering, distributing or retailing, or providing services under counterfeit signs: six months to three years in prison. Street or occasional selling: six months to two years in prison, though in low-value cases with no aggravating circumstances the court may replace it with a fine of one to six months or community service of thirty-one to sixty days. Infringement of protected plant varieties: one to three years in prison.
Common scenarios
This offence commonly arises in the street sale of bags, clothing, footwear or accessories bearing counterfeit luxury-brand logos at markets, beaches or informal stalls; in the large-scale import of counterfeit goods from third countries; and in the online sale, through platforms or social media, of products imitating well-known brands. It also applies to workshops manufacturing replica spare parts, perfumes or cosmetics with packaging and logos nearly identical to the originals.
Defense strategy
The strategy varies greatly depending on where in the chain the accused sits. For street selling, the small profit obtained and the absence of organisation or of the aggravating circumstances in Article 276 may allow prison to be replaced with a fine or community service, and even support an argument based on the lack of habitual conduct. For import or wholesale distribution, an expert report on the authenticity of the mark and on actual knowledge of the counterfeit, together with a review of the chain of custody of the seized goods, is key. In every case it is worth assessing whether the sign was genuinely "identical or confusable" with the registered mark, an element that requires a technical comparison rather than a superficial impression.
Quick reference
Orientative data computed from the highest prison term mentioned in this article. Aggravated or mitigated subtypes, non-custodial penalties and concurrence rules may alter the outcome in each specific case.
Highest prison term mentioned
2 years
Classification (arts. 13 & 33 CP)
Less serious offense
Limitation period (art. 131 CP)
5 years
Accused of an offense under article 274?
Our team regularly defends those accused under intellectual property. Technical strategy aimed at dismissal or acquittal when legally viable.