In cases of trademark infringement disputes, the seller's responsibilities need to be treated differently:
1. The seller knows; that is, the seller knows that it is infringing on the exclusive right to register a trademark of others. The goods are still sold. In this case, even if the goods sales contract, relevant invoices, purchase orders, etc. are provided, the penalty cannot be exempted or reduced, and the producer needs to bear joint and several liability. In addition, if a crime is constituted, criminal liability will also be pursued. See the provisions of Article 67 of the Trademark Law.
2. The seller is unaware; that is, the seller does not know that he is selling goods that infringe on the exclusive rights of others’ registered trademarks, and can prove that the goods were obtained legally, and can explain the provider, that is, the seller The source of the goods can be clearly stated and supported by evidence that forms a logical consistency. The identification here is relatively strict. First, the subject must be an operator, that is, a seller of goods. Second, the seller must be subjectively in good faith. Finally, objectively, the seller must be able to provide sufficient evidence of the legal source of the goods. This way you can relieve yourself of responsibility. See Article 60 of the Trademark Law.
In short, in this case, it is necessary to make a judgment based on the specific circumstances of the case, and then further distinguish whether to bear responsibility, what kind of responsibility to bear, the size of the liability, etc.