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What does the principle of exhaustion of trademark rights mean?

Legal analysis: The principle of exhaustion of trademark rights means that after the trademark owner or its authorized trademark user puts the goods or services marked on the goods into circulation, they no longer have the right to prohibit or hinder others from using them. Registered trademark attached. "Exhaustion" here means that the exclusive right holder of the intellectual product has exhausted only the trademark rights, but it does not mean that other intellectual property rights have been exhausted. Moreover, this kind of exhaustion does not refer to the exhaustion of the exclusive right of the trademark itself, but the exhaustion of the trademark owner's control over the goods marked with his trademark. It can be seen that the principle of exhaustion of trademark rights is actually a restriction of trademark rights by commodity property rights.

Legal basis: "Trademark Law of the People's Republic of China"

Article 52: Use an unregistered trademark as a registered trademark, or use an unregistered trademark in violation of this provision Article 10 of the Law stipulates that the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business, If the amount of illegal business is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits gained by the infringer due to the infringement. ; If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.