Current location - Trademark Inquiry Complete Network - Trademark inquiry - Analysis of trademark infringement disputes
Analysis of trademark infringement disputes
In trademark infringement disputes, the seller's responsibility needs to be treated differently:

1. The seller knows; In other words, the seller knows that it is a commodity that infringes on the exclusive right to use a registered trademark of others, and still sells it. In this case, even if the commodity sales contract, related invoices, purchase orders, etc. There are provisions, and the punishment cannot be exempted or mitigated, and it needs to be jointly and severally liable with the producer. In addition, those who constitute a crime shall be investigated for criminal responsibility. See Article 67 of the Trademark Law.

2. The seller doesn't know; That is to say, the seller doesn't know that he is selling a commodity that infringes on the exclusive right to use a registered trademark of others, and can prove that the commodity is legally obtained, which can explain the supplier, that is, the source of the commodity can be clearly explained and supported by evidence that forms logical consistency. The appraisal here is very strict. First, the subject must be the operator, that is, the seller. Secondly, the seller must be in good faith subjectively. Finally, the seller should be able to objectively provide sufficient evidence of the legitimate source of the goods. Only in this way can we be exempted from our responsibilities. See Article 60 of the Trademark Law.

In short, in this case, it is necessary to judge according to the specific circumstances of the case, and then further distinguish whether to bear the responsibility, what kind of responsibility to bear, and the size of the responsibility.