Exceptions for trademark infringement include:

1. Fair use;

2. Exhaustion of rights;

3. Right of prior use;

4. Prior right.

Trademark infringement has the following four elements:

1. There must be illegal conduct. That is to say, the perpetrator objectively uses the registered trademark without obtaining the permission of the trademark owner or other legal basis, and his behavior is illegal. The perpetrator did not obtain the authorization or permission from the trademark registrant when he first used the trademark, but later obtained his permission or ratification, or the trademark registrant ignored it and expressed acquiescence after learning of the situation. This kind of behavior does not exist Illegal;

2. There must be damage. Trademark right is an intangible intellectual property, and the damage caused to it may be tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in sales of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, consumer complaints, etc.;

3. Damage consequences There is a causal relationship with the illegal act, that is, the damage is directly caused by the illegal act. This kind of causal relationship is diverse. There are direct causal relationships, such as counterfeiting registered trademarks; there are also indirect causal relationships, such as providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement;

4. The perpetrator is subjectively at fault, including intentional and negligent. Intention means that the perpetrator subjectively knows that another person's trademark has been approved and registered and that he has no right to use it, but still uses the same or similar trademark as another person's registered trademark on the same or similar goods; negligence means that the perpetrator should subjectively know that another person's trademark has been approved. Even if registration is approved, a trademark that is identical or similar to someone else’s registered trademark is still used on the same or similar goods.

Legal basis: Article 9 of the Trademark Law of the People's Republic of China

The trademark applied for registration should have distinctive features that are easy to identify and must not be the same as those of others. conflict with acquired legal rights.

Trademark registrants have the right to indicate "registered trademark" or registered mark.

Article 64

If the owner of the exclusive right to a registered trademark requests compensation, and the alleged infringer raises a defense that the owner of the exclusive right to the registered trademark has not used the registered trademark, the People's Court may require registration The trademark owner shall provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.

If you sell goods that you do not know infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.