Current location - Trademark Inquiry Complete Network - Trademark inquiry - I purchase and sell famous brand products from other channels without authorization. Is this okay? Will it cause serious consequences such as illegality or infringement?
I purchase and sell famous brand products from other channels without authorization. Is this okay? Will it cause serious consequences such as illegality or infringement?

No, selling other people’s branded goods without authorization is an infringement. If the brand is a registered trademark, it will constitute a trademark infringement and you will have to bear the consequences of compensation.

Legal Analysis

Trademark infringement refers to the use of an identical or similar trademark on the same or similar goods without the permission of the trademark registrant. Industrial and commercial investigation and handling of trademark infringements This type of infringement can be specifically broken down into the following four types: (1) using the same trademark as another person’s registered trademark on the same kind of goods; (2) using another person’s registered trademark on the same kind of goods that is similar to another person’s registered trademark Trademark; (3) Use a trademark that is the same as a registered trademark on similar goods; (4) Use a trademark that is similar to someone else’s registered trademark on similar goods. The first type of behavior is counterfeiting, and the remaining three are counterfeiting behaviors. Counterfeiting registered trademarks is the most serious infringement of trademark exclusive rights. If the circumstances are serious, criminal liability must be pursued in accordance with the law. "Identical trademark" means that the trademark accused of infringement is basically the same as the plaintiff's registered trademark, and there is basically no visual difference between the two. "Similar trademark" means that the trademark accused of infringement is similar to the plaintiff's registered trademark in terms of the glyphs, pronunciations, meanings, or the composition and color of graphics, or the overall structure of the combination of its elements, or its three-dimensional shape, The similar color combinations may easily cause the relevant public to misunderstand the source of the goods or think that their sources are specifically related to the goods with the plaintiff's registered trademark. "Similar goods" refer to goods that are identical in terms of functions, uses, production departments, sales channels, consumer objects, etc., or that are generally believed by the relevant public to be specifically related and likely to cause confusion.

Legal Basis

Article 57 of the Trademark Law of the People’s Republic of China: Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar goods Using a trademark that is the same as or similar to its registered trademark on the Internet, which is likely to cause confusion; (3) selling goods that infringe the exclusive rights of a registered trademark; (4) forging or making without authorization the registered trademark signs of others or selling forged or making without authorization registered trademark signs (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market; (6) Intentionally providing facilities for infringement of other people's exclusive rights to trademarks and helping others to infringe the exclusive rights of trademarks Behavior; (7) Causing other damage to others’ exclusive rights to registered trademarks.