How sellers are exempt from liability in trademark infringement disputes: The seller can defend that the owner of the exclusive right to the registered trademark has not used the registered trademark. If the owner of the exclusive right to the registered trademark cannot provide evidence of actual use of the registered trademark within the previous three years. If the evidence cannot prove the existence of other losses, the alleged infringer (i.e. the seller) will not be liable for compensation.

Legal Basis

Article 64 of the Trademark Law of the People's Republic of China

The owner of the exclusive right to a registered trademark requested compensation and was accused of infringement If a person raises a defense on the ground that the owner of the exclusive right to a registered trademark has not used the registered trademark, the People's Court may require the owner of the exclusive right to the 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.

Article 65

If a trademark registrant or interested party has evidence to prove that others are committing or about to commit acts that infringe upon the exclusive right to use a registered trademark, if it is not stopped in time, it will If their legitimate rights and interests are irreparably damaged, they may apply to the People's Court to take measures to order the cessation of relevant activities and property preservation before filing a lawsuit in accordance with the law.