The goods that the distributor infringes upon the exclusive right to use a registered trademark belong to the infringement of the exclusive right to use a registered trademark. Therefore, even if there is no manufacturing behavior of infringing goods, dealers who 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 60 of the Trademark Law

If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier.