Where the exclusive right holder of a registered trademark requests compensation, and the accused infringer makes a defense on the grounds that the exclusive right holder of a registered trademark has not used the registered trademark, the people's court may require the exclusive right holder of a registered trademark to provide evidence of the actual use of the registered trademark in the past three years. If the exclusive right holder of a registered trademark cannot prove that the registered trademark has been actually used in the first three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.

If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, and you can prove that the commodity was legally obtained by yourself and explain the supplier, you will not be liable for compensation.

You haven't made it clear whether your situation belongs to infringement, so it's hard to judge.

If the seller (B) who gives you wholesale goods infringes the rights of the trademark owner (A), and you buy and sell the products through legal channels, you may not be liable for compensation. In reality, there are many such situations. You only need to prove that your products come from legal sources, keep relevant purchase vouchers, and provide them truthfully when you encounter a court investigation. Don't let the court think that you have the feeling of colluding with your family (b) to infringe upon your rights (a). Don't worry. In practice, in court, many irresponsible legal sellers do not go to court, and the defendant is only B.

If not, it is only Article 63 of the Trademark Law.

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.

If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement.

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