according to article 6, paragraph 2 of China's trademark law, if the sale of goods that are not known to infringe on the exclusive right to use a registered trademark can prove that the goods are legally obtained by themselves and the supplier is explained, the administrative department for industry and commerce shall order them to stop selling. It can be seen that even if the goods that infringe the exclusive right to use a registered trademark are sold unwittingly, it also constitutes an infringement of the exclusive right to use a registered trademark. At the same time, the law stipulates that if the infringer doesn't know, and can prove that the goods are legally obtained by himself and explain the supplier, the administrative department for industry and commerce shall order him to stop selling. Uninformed infringers also need to bear the tort liability of stopping selling the product and providing purchase channels to assist in investigating the source of fake and inferior products.

Legal basis

Article 6 of the Trademark Law

If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 5, yuan, it may be fined less than five times the illegal business amount, and if there is no illegal business amount or the illegal business amount is less than 5, yuan, it may be fined less than 25, yuan. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe on the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier. In case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce to mediate, or they may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.