You must bear the responsibility for compensation. If the circumstances are serious, you must also bear criminal liability. The perpetrator uses an identical or similar trademark to his registered trademark on identical or similar goods without the permission of the trademark owner, thereby damaging the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility.

Legal Analysis

If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks: (1) There must be an illegal act, that is, the perpetrator has committed The act of selling goods with counterfeit registered trademarks; (2) There must be facts of damage, that is, the act of selling goods with counterfeit trademarks by the perpetrator has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage. (3) The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks. (4) There must be a causal relationship between the illegal act and the damage, which means that there is a cause-and-effect relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility.

Legal Basis

Article 57 of the Trademark Law of the People’s Republic of China: Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar goods Using a trademark that is the same as or similar to its registered trademark on the Internet, which is likely to cause confusion; (3) selling goods that infringe the exclusive rights of a registered trademark; (4) forging or making without authorization the registered trademark signs of others or selling forged or making without authorization registered trademark signs (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market; (6) Intentionally providing facilities for infringement of other people's exclusive rights to trademarks and helping others to infringe the exclusive rights of trademarks Behavior; (7) Causing other damage to others’ exclusive rights to registered trademarks.