Selling a brand privately is an infringement, and the brand owner can sue to protect brand rights.

Legal Analysis

According to relevant legal provisions, the misuse of trademarks by trademark owners will cause certain harm. The harm of trademark misuse is mainly to damage the interests of consumers and reduce the credibility of registered trademarks. For registrants who abuse trademarks, the relevant trademark registration authorities have the right to criticize, notify, fine, and other penalties. If the situation is serious, the registered trademark will be revoked. In practice, the main forms of trademark abuse are as follows: reducing the quality of goods using registered trademarks and deceiving consumers; using registered trademarks on goods that are not approved for use; increasing prices in disguised form by frequently changing trademarks; Buying and selling trademarks without authorization and promoting inferior goods. In addition, the following issues need to be paid attention to when using trademarks: the trademark registrant shall not change the text, graphics or combination of the registered trademark on his own initiative; he shall not change the name, address or other registration matters of the registered trademark on his own initiative. A trademark registrant can license others to use its registered trademark by signing a trademark license contract. The licensor shall file and submit the filing materials to the Trademark Office within the validity period of the license contract, and the Trademark Office shall make an announcement. The trademark use license shall not be used against bona fide third parties without registration. Finally, if trademark abuse is found in practice, it is recommended that you actively complain to the industrial and commercial administration department or directly file a lawsuit in court.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 213 Without the permission of the registered trademark owner, If a trademark that is the same as its registered trademark is used on any kind of goods or services, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.

Article 214: Whoever knowingly sells goods with counterfeit registered trademarks and obtains a relatively large amount of illegal income or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined; illegal If the amount of income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

Article 215: Whoever forges or manufactures registered trademarks of others without authorization or sells registered trademarks that have been forged or manufactured without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined ; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.