Selling goods that infringe upon the exclusive right to use a registered trademark is an infringement of the exclusive right to use a registered trademark. Anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. However, if you sell goods that you do not know infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.

1. Order to stop infringement and order to stop sales immediately.

2. Confiscate and destroy infringing goods.

3. Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.

Legal Basis

"Detailed Implementation Rules of the Trademark Law of the People's Republic of China"

Article 43: Any infringement of the exclusive right to use a registered trademark shall be punished by The administrative department for industry and commerce shall order an immediate cessation of the infringement, seal or confiscate the trademark, remove the trademark from existing goods and packaging, order compensation for the infringed party's economic losses in accordance with the law, notify the offender according to the circumstances, and impose a fine of less than 20% of the illegal business revenue or A fine of not more than twice the profits gained from the infringement.

"Copyright Law"

Article 53

Anyone who commits an infringement shall, according to the circumstances, bear the civil liability stipulated in Article 52 of this Law. Responsibility; if the infringement also harms the interests of the public, the department in charge of copyright shall order the infringement to stop, issue a warning, confiscate the illegal gains, confiscate and harmlessly destroy the infringing copies and the materials mainly used to make the infringing copies. , tools, equipment, etc. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 54

In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual losses suffered by the right holder or the infringer’s illegal gains; rights If it is difficult to calculate the actual losses of the person or the illegal gains of the infringer, compensation may be provided with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.