Article 64 of the current Trademark Law

If the owner of the exclusive right to a registered trademark requests compensation, and the alleged 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 require the holder of the exclusive right to a registered trademark 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 the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.

You have not clearly stated your situation. It is difficult to judge whether it constitutes infringement or not.

If the seller (B) who wholesales the goods to you infringes upon the rights of the trademark owner (A), and you purchase and sell its products through legal channels, you are not liable for compensation. In reality, there are many such situations. You only need to prove that the source of your product is legal, keep the relevant purchase certificates, and provide them truthfully when the court investigates. Do not let the court think that you have colluded with your previous company (B) Don’t worry if the infringement violates (A)’s legal rights. In practice, in court, many legitimate sellers who do not bear responsibility do not go to court, and the only defendant is B.

If this is not the case, Article 63 of the Trademark Law

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement. ; If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award three million yuan based on the circumstances of the infringement. the following compensation.

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