According to Article 57 of China's Trademark Law, Articles 75 and 76 of the Regulations for the Implementation of the Trademark Law and Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, there are mainly ten types of trademark infringement; Small supermarkets and other individual industrial and commercial households are suspected of infringement in their business activities, mainly to cooperate with the sale of goods that infringe the exclusive right to use registered trademarks. There are many reasons why small supermarkets, grocery stores and other individual industrial and commercial households sell goods that infringe the exclusive right to use registered trademarks: on the one hand, they lack their own legal awareness in their daily business activities, on the other hand, they lack the normative guidance of relevant industry associations in their business activities, which leads some operators to sell goods that infringe the exclusive right to use registered trademarks without knowing it. The main body of this kind of infringement is the commodity operator, regardless of whether the seller is subjectively at fault,
As long as the sale of goods that infringe the exclusive right to use a registered trademark is implemented, it constitutes infringement. From June 5438 to March this year, Wucheng Court accepted 8 1 cases of intellectual property rights and 61cases of trademark infringement, of which 15 cases involved individual industrial and commercial households such as small supermarkets and grocery stores. The main reason for the large number of such cases is that the operators of small supermarkets and canteens are relatively weak in legal awareness and vague in intellectual property awareness. It is found that in this type of situation, many operators buy goods through the door-to-door delivery of suppliers. When the supplier delivers the goods to the door, the inventory in the store is counted, and the goods that need to be replenished are directly placed on the product shelves. The operator only needs to check the quantity and sign for confirmation.
There are also some operators who purchase goods independently, and the prices of the purchased goods are obviously lower than the genuine ones, but this has not attracted the attention of operators. Many operators believe that buying goods from regular wholesalers has wholesaler delivery documents or purchase vouchers. Even if the goods they sell are infringing products, they don't have to bear the responsibility. They should look for wholesalers and manufacturers of goods. One of the characteristics of this kind of cases is that there are many series of cases, which shows that the same trademark registrant sues different defendants at a certain stage. Another feature is the defendant's high failure rate. Notaries go to shops to buy goods, and notarization is widely used in such cases, which makes the evidence of infringement in most cases fixed and the facts of infringement clear, so the plaintiff often wins the case. After mediation by the court, most operators can understand the significance of trademark registrants' rights protection and finally be able to pay relevant compensation.
But some operators can't understand the process of obtaining evidence from the obligee. They believe that notaries and staff should go to the door to collect evidence with people from the industrial and commercial departments and tell operators how to distinguish authenticity. The industrial and commercial department will seal up the goods and decide whether to punish them according to the situation. However, the law of our country does not stipulate that the investigation of this type of case should be conducted by the industrial and commercial department as the pre-procedure. In the course of litigation, if both parties fail to reach a mediation intention, the court will still make a judgment on the case, and the operator accused of infringement still needs to pay corresponding compensation. Moreover, the obligee in this kind of case mainly uses legal compensation as the way to calculate the loss compensation, and the legal compensation is not based on the sales volume and profit.