Is selling a second-hand brand considered infringement?

Whether selling a second-hand brand is considered infringement depends on many factors, including whether the brand has trademark rights, whether the brand allows the sale of second-hand products, and Whether the seller is authorized, etc.

1. Brand trademark rights

If the brand has trademark rights, selling second-hand brand products without the permission of the trademark owner may constitute trademark infringement. The trademark owner can claim infringement liability against the seller and require it to stop sales and compensate for losses.

2. Brand Policy

If the brand clearly states that it does not allow the sale of second-hand products, then selling second-hand brand products may violate the brand policy and may also constitute infringement. In this case, the seller needs to bear corresponding legal responsibilities.

3. Sales authorization

If the seller has obtained the authorization of the brand, then selling second-hand brand products may not constitute infringement. The authorization can be an exclusive authorization, a non-exclusive authorization, etc., depending on the content of the authorization agreement.

In summary:

Whether selling second-hand brands is considered infringement needs to be judged based on the specific circumstances. If the brand has trademark rights and does not have the trademark owner's permission, or if it violates the brand's policies, then selling second-hand brand products may constitute infringement. Selling second-hand branded products may not constitute infringement if the seller is authorized by the brand.

Legal basis:

Article 57 of the "Trademark Law of the People's Republic of China" stipulates that any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, Using a trademark that is similar to its registered trademark on the same kind of goods, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Sales that infringe the exclusive rights of registered trademarks goods;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Without the consent of the trademark registrant, Changing its registered trademark and putting the goods with the changed trademark back into the market;

(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

p>

(7) Causing other damage to the exclusive right to use registered trademarks of others.