Selling your own goods under someone else’s brand violates counterfeiting and is an infringement of counterfeiting. According to relevant legal provisions, this behavior violated tort law.

Legal Analysis

The Trademark Office of the Administration for Industry and Commerce of the State Council is the competent authority for trademark registration and management nationwide. The Trademark Review and Review Committee established by the Administration for Industry and Commerce of the State Council handles trademark disputes. The competent authority, with the coercive power of the state as a guarantee, exercises trademark registration, management and dispute resolution matters on behalf of the state. State agency staff engaged in trademark registration, management and review shall, in accordance with the provisions of the law, exercise their powers and perform their duties on behalf of the Trademark Office and the Trademark Review and Adjudication Board. Whether the behavior of the staff of the Trademark Office, the Trademark Review and Adjudication Board and its state agencies is standardized and legal directly affects the correct and effective implementation of the trademark legal system, directly affects the protection of the exclusive right to trademarks under this law, promotes producers and operators to ensure the quality of goods and services, and protects trademarks. credibility, protect the interests of consumers and producers and operators, and promote the realization of the goal of the development of the socialist market economy. In the process of amending the Trademark Law, some members of the Standing Committee, localities, and departments proposed that in order to standardize trademark registration, management, and review behaviors, improve administrative efficiency, and safeguard the legitimate interests of the parties, the law enforcement of trademark management departments and their staff should be Activities should establish strict codes of conduct to strengthen supervision of their management activities. Civilized service requires state agency staff engaged in trademark registration, management and review to exercise their powers and perform official duties. They must behave dignifiedly, behave in a civilized manner, be courteous, enthusiastic in service and considerate in their work. The above-mentioned norms are not only disciplinary and ethical requirements for state agency staff engaged in trademark registration, management and review, but also legal requirements. If these norms are violated, corresponding responsibilities shall be pursued based on the severity of the case and in accordance with laws, regulations, internal disciplines, and systems.

Legal Basis

Article 60 of the Trademark Law of the People’s Republic of China includes one of the infringements of the exclusive right to use a registered trademark listed in Article 57 of this Law. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.