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What should I do if I infringe on trademark rights without knowing it?

Infringement of trademark rights is a very common infringement. Infringement of trademark rights requires legal liability. However, in practice, some trademark infringements are carried out without knowledge, and sales cannot be carried out. If you know that a product infringes the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the product legally and identify the supplier. Below, I will provide readers with relevant answers.

1. What to do if you don’t know that you infringe on trademark rights 1. According to the provisions of the Trademark Law, if you sell goods that you don’t know infringe on the exclusive rights of a registered trademark, you can prove that you obtained the goods legally and explain the supplier. , does not assume liability for compensation. 2. Legal provisions: Article 64 of the "Trademark Law of the People's Republic of China" If the owner of the exclusive right to a registered trademark requests compensation and the accused infringer files a defense on the ground that the owner of the exclusive right to the exclusive registered trademark has not used the registered trademark, the People's Court may The owner of the exclusive right to a registered trademark is required 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. If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier.

2. What administrative responsibilities should be borne for trademark infringement? Administrative liability refers to the legal consequences that a majestic person must bear if he/she commits illegal acts prohibited by laws, regulations and rules, that is, he/she should be punished by the administrative law enforcement agencies. punishment. Administrative liability is used for administrative violations that do not constitute a crime. The administrative liability for trademark infringement is: 1. Order to stop the infringement immediately; 2. Order to stop sales immediately; 3. Confiscate and destroy infringing goods and tools specially used to manufacture infringing goods and forge registered trademarks; 4. Confiscate And destroy the infringing trademark logo; 5. For infringement of the exclusive right to use a registered trademark and it has not constituted a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of less than 50% of the illegal business revenue or less than five times the profits gained from the infringement; for infringement of the exclusive right to use a registered trademark The directly responsible personnel of the authorized unit may be fined not more than 10,000 yuan. 6. At the request of the parties, mediation can be conducted on the amount of compensation for infringement. If mediation fails, the parties can file a lawsuit in the People's Court. The above knowledge is my answer to relevant legal questions. According to the provisions of the Trademark Law, if you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and indicate the supplier.