Legal Analysis: When selling goods accused of trademark infringement, the party concerned shall submit to the People’s Court the evidence for the administrative action and the norms on which it is based within fifteen days from the date of receipt of a copy of the complaint. File and submit a statement of defense, and just go to the court during the court session notified by the court. Depending on the situation, first, you can collect physical evidence, documentary evidence, witness testimony and other evidence that you have not committed trademark infringement to respond to the lawsuit and prove that you have not infringed. 2. If there is indeed an infringement, you can take the initiative to admit your fault and bear civil responsibilities such as stopping the infringement, eliminating the impact, and compensating for losses. Article 52 of the Trademark Law stipulates that if an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may impose a penalty According to the notice, if the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of 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 10,000 yuan may be imposed.
Legal basis: "Administrative Procedure Law of the People's Republic of China"
Article 34 The defendant shall bear the burden of proof for the administrative act taken and shall provide evidence that the administrative act was taken. Evidence of behavior and normative documents on which it is based. If the defendant fails to provide evidence or provides evidence beyond the time limit without justifiable reasons, it will be deemed that there is no corresponding evidence. However, the administrative act being sued involves the legitimate rights and interests of a third party, unless the third party provides evidence.
Article 67 The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case. The defendant shall, within 15 days from the date of receipt of a copy of the indictment, submit to the People's Court the evidence for the administrative action and the normative documents on which it is based, and submit a statement of defense. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.