The act of selling goods that infringe the exclusive rights of a registered trademark is a kind of trademark infringement in the circulation of goods. Usually, goods that infringe the exclusive rights of registered trademarks, in addition to being sold by the producers themselves, often have to go through the sales activities of others to reach consumers. Sellers like this, like producers of goods that infringe the exclusive rights of registered trademarks, play the role of confusing the origin of goods, infringing the exclusive rights of registered trademarks, and harming the interests of consumers. Therefore, this kind of sales should also be considered as an infringement of the exclusive rights of registered trademarks, and should also be treated as trademark infringement, and they should bear corresponding legal liabilities. It should be noted that producers of goods that infringe the exclusive rights of a registered trademark generally do so intentionally, but sellers of goods that infringe the exclusive rights of a registered trademark may or may not do so intentionally. Therefore, Paragraph 2 of Article 64 of the new Trademark Law stipulates that “If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.”

For those who infringe the exclusive right to use registered trademarks, in accordance with Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, the industrial and commercial administrative authorities may take the following measures to impose penalties.

(1) Order to stop infringement

①Order to stop sales immediately;

②Confiscate and destroy infringing goods;

③Confiscate, Destroy tools specifically used to manufacture infringing goods and counterfeit registered trademarks.

(2) Imposition of fines

If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately and confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods. , Tools for counterfeiting registered trademarks. If the illegal business volume is more than 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. fine. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.

(3) Mediate on the amount of compensation for infringement of trademark exclusive rights

The industrial and commercial administrative department that handles the case may, at the request of the parties, mediate on the amount of compensation for infringement of trademark exclusive rights. , if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.