It cannot be sold without authorization. Anyone who commits any of the following acts shall infringe upon 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) selling goods that infringe the exclusive rights of registered trademarks; (4) Forgery or unauthorized manufacture of registered trademarks of others or sale of counterfeit or unauthorized registered trademarks; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market; (6) Intentionally Providing convenient conditions for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to others' exclusive rights to registered trademarks. If any of the above-mentioned acts of infringement of the exclusive right to use a registered trademark causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department. deal with.
Legal basis
Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts shall constitute an infringement of the exclusive right to register a trademark: (1) Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using it on similar goods Using a trademark that is the same as or similar to its registered trademark on the Internet, which is likely to cause confusion; (3) selling goods that infringe the exclusive rights of registered trademarks; (4) forging or making without authorization the registered trademark signs of others or selling forged or making without authorization registered trademark signs ; (5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market; (6) Deliberately providing facilities for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks Behavior; (7) Causing other damage to the exclusive right to use registered trademarks of others.
Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law. If a dispute arises, it shall be resolved through negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times 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 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.