According to the specific circumstances, China's Trademark Law stipulates that the sale of goods that infringe upon the exclusive right to use a registered trademark is an infringement of the exclusive right to use a registered trademark. Therefore, even if there is no manufacturing behavior of infringing goods, those who sell goods that infringe the exclusive right to use trademarks still have to bear tort liability. However, under the following circumstances, the distributor may be exempted from compensation. One is that the dealer has a legal source to prove that he is unaware of the infringement of trademark rights of others by the goods he sells. In this case, because the dealer has no subjective intention of infringement, he can be exempted from compensation. Second, prior use, that is, the registered trademark has been sold before authorization, that is, sales are prior. Generally speaking, dealers should fulfill certain audit obligations for the goods they represent. Whether the goods are authorized and whether the trademark registration certificate has fulfilled the corresponding audit obligation can at least prove that there is no intentional infringement subjectively.

legal ground

Article 57 of the Trademark Law

One of the following acts is an infringement of the exclusive right to use a registered trademark: (1) using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others.