Legal basis
Article 64 of the Trademark Law of the People's Republic of China
If the exclusive right holder of a registered trademark requests compensation, and the accused infringer pleads that the exclusive right holder of a registered trademark has not used the registered trademark, the people's court may require the exclusive right holder of a registered trademark to provide evidence of the actual use of the registered trademark in the previous three years. If the owner of the exclusive right to use a registered trademark cannot prove that the registered trademark has actually been used in the previous three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.
anyone who sells a commodity that he doesn't know is an infringement of the exclusive right to use a registered trademark and can prove that the commodity was legally obtained by himself and explain the supplier shall not be liable for compensation.
article 65
if a trademark registrant or interested party has evidence to prove that others are committing or will commit acts infringing on the exclusive right to use a registered trademark, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for measures to be ordered to stop relevant acts and property preservation before bringing a lawsuit according to law.