Legal analysis: If someone is sued for unintentionally infringing another person's trademark, the trademark of the party concerned can be replaced so that it does not constitute infringement. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained, indicating the supplier. Anyone who infringes upon the trademark rights of others shall be ordered by the administrative department for industry and commerce to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.
Legal basis: Article 60 of the Trademark Law of People's Republic of China (PRC) (1) State functionaries engaged in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be loyal to their duties and provide civilized service; (2) The Trademark Office, the Trademark Review and Adjudication Board and the staff of state organs engaged in trademark registration, management and evaluation shall not engage in trademark agency business or commodity production and business activities.