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Does selling branded products in Taobao infringe trademark rights and how to deal with it?
Lawyer Ma Yingqiu answers: Hello, it's a great honor to answer the question "Does selling brand products in Taobao infringe trademark rights and how to deal with it?" I hope I can help you. First of all, according to the provisions of the Trademark Law and the detailed rules for the implementation of the Trademark Law, selling goods that you know or should know are counterfeit registered trademarks is an act of infringing the exclusive right to use registered trademarks. To constitute this kind of infringement, there should be four elements: 1. There must be an illegal act, that is, the actor has carried out the act of selling counterfeit registered trademark goods; 2, there must be damage facts, that is to say, the behavior of selling counterfeit trademark goods carried out by the actor has caused the damage consequences of the trademark owner. 3. The wrongdoer is subjectively at fault, which means that the wrongdoer already knows or should know the fact that the goods sold are counterfeit registered trademarks. 4. There must be a causal relationship between the illegal act and the damage result, that is, there is a causal relationship between the illegal act's sales behavior and the damage result caused by the trademark owner. Secondly, the third paragraph of Article 56 of China's Trademark Law stipulates: "If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark and can prove that the commodity was legally obtained by yourself and explain the supplier, you will not be liable for compensation." In theory and practice, this clause is usually called "the defense of the legitimate source of the seller". According to this clause, if the seller is unaware of the fact that the goods he sells infringe on the exclusive right to use a registered trademark of others, and can prove that the goods were obtained through formal and legal channels, and indicate the supplier of the goods, the seller does not have to bear the liability for compensation for his own sales behavior. The above is the answer to whether your brand products sold in Taobao infringe the trademark right and how to deal with the infringement of brand products sold in Taobao. For your situation, I suggest you come to my office for an interview, and I will answer your questions in detail according to your situation.