Selling goods that infringe upon the exclusive right to use a registered trademark is an infringement of the exclusive right to use a registered trademark. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. However, if you sell goods that you do not know infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.

Anyone who commits any of the following acts with reference to Article 57 of the Trademark Law of the People's Republic of China shall infringe the exclusive right to use a registered trademark:

(1) Failure to do so With the permission of the trademark registrant, a trademark that is the same as its registered trademark is used on the same kind of goods;

(2) Without the permission of the trademark registrant, a trademark that is similar to its registered trademark is used on the same kind of goods. trademark, or using a trademark that is the same as or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

( 4) Forging or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and selling the goods with the replaced trademark and put it into the market;

(6) Deliberately providing facilities for infringement of others’ trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;

(7) Giving to others The exclusive right to use a registered trademark causes other damage.

With reference to Article 60 of the Trademark Law of the People's Republic of China, if any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, the party concerned shall If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

With reference to Article 64 of the Trademark Law of the People's Republic of China, the owner of the exclusive right to a registered trademark requests compensation, and the accused infringer files a defense on the grounds that the owner of the exclusive right to the registered trademark has not used the registered trademark. , the people's court may require the owner of the exclusive right to a registered trademark to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.

If you sell goods that you do not know infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.

With reference to Article 214 of the Criminal Law of the People's Republic of China and the People's Republic of China, it is a crime to sell goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. gold.

Extended information

Filing with reference to Article 61 of the Trademark Law of the People's Republic of China, the industrial and commercial administration department has the right to infringe the exclusive rights of registered trademarks. Investigate and handle in accordance with the law; if suspected of committing a crime, they should be promptly transferred to the judicial authorities for handling in accordance with the law.

With reference to Article 62 of the Trademark Law of the People's Republic of China, the industrial and commercial administration departments at or above the county level shall, based on the obtained evidence or reports of suspected violations of the law, investigate and prosecute those suspected of infringing on others' registered trademarks. When investigating and punishing the exclusive rights of registered trademarks of others, the following powers may be exercised:

(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of registered trademarks of others;

(2) Review, Copy the parties’ contracts, invoices, account books and other relevant materials related to the infringing activities;

(3) Conduct on-site inspections of the places where the parties are suspected of engaging in activities that infringe on the exclusive rights of others’ registered trademarks;

(4) Inspect items related to infringement activities; items that are proved to infringe the exclusive rights of others’ registered trademarks may be sealed or detained if there is evidence.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it. During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.

With reference to Article 63 of the Trademark Law of the People's Republic of China, the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; actual losses are difficult to determine If it is determined, it can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it can be determined reasonably by referring to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award three million yuan based on the circumstances of the infringement. the following compensation.

Central People's Government - Trademark Law of the People's Republic of China and the People's Republic of China

Xishuangbanna Prefecture Public Security Bureau - Criminal Law of the People's Republic of China and the People's Republic of China