Legal subjectivity:

The answers to your questions are as follows: 1. Litigation status of sellers and producers in trademark infringement cases. The basic parties in trademark infringement cases are trademark rights holders, including registered trademarks. Right holders, trademark licensees, and perpetrators of infringement include sellers, producers, and licensors of infringing marks. In judicial practice, due to the urgency of stopping infringement, trademark rights holders often directly sue sellers to demand that they stop infringement and compensate for losses. There are several different views on the legality of such litigation. One view is that the trademark law stipulates the independent liability of the seller, so the trademark right holder can file a lawsuit against the seller alone; another view is that if the trademark right holder is allowed to file a lawsuit against the seller alone, then once the seller is judged If infringement is established, it will have a pre-determination effect on the seller's upline, that is, wholesalers, producers, etc.; the third understanding adopts a compromise attitude and believes that different situations should be treated differently. For cases where the seller can provide legal sources, these legal sources should become parties to the case. The way to participate in the litigation is that the parties request to participate or are notified by the people's court to participate; for cases where the seller cannot provide legal sources, the civil lawsuit can be pursued separately responsibility. The biggest reason for the above-mentioned different understandings is the difference in understanding of whether the seller can independently participate in litigation. The above-mentioned differences in understanding may lead to great differences in the understanding of the procedural legality of the case. The author tries to express his views on this issue from the following aspects. The Independence of the Seller's Infringement Act To determine the seller's litigation status, the first step is to determine whether it is an independent infringement act or a participant in the same infringement act. If the seller's infringement behavior is independent of other infringers, the seller's litigation position should also be independent. The sales behaviors discussed in this article are only typical sales behaviors, and do not include situations where sellers and producers collude to manipulate the production and marketing links. In the statutory legal system, the characterization of a certain behavior should be based on existing laws. Whether the law separately provides special provisions for a certain behavior is an important basis for examining the legal independence of a certain behavior. The Trademark Law has a gradual process of defining infringement. This process helps us understand the nature of seller responsibility. When my country's 1983 Trademark Law was enacted, it only stipulated that "using" a trademark that is the same as or similar to another's registered trademark is an infringement; in 1988, the "Implementing Rules" began to separately separate use and sales; by the 2021 revision of the " When the Trademark Law was adopted, Article 52 of it stipulated five infringement acts: namely, the act of using an identical or similar trademark on the same or similar goods without the permission of the trademark registrant; sales that infringed upon the registered trademark; goods with exclusive rights to a trademark; forging or manufacturing others’ registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks; replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market; Causing other damage to the exclusive right to use registered trademarks of others. It can be seen that my country's trademark legislation has gone through a process of transformation from confusion to independent understanding of use and sales. Legal objectivity:

Article 64 of the "Trademark Law" The owner of the exclusive right to a registered trademark requests compensation and is accused. If the infringer raises a defense on the ground that the owner of the exclusive right to a registered trademark has not used the registered trademark, the people's court may require the owner of the exclusive right to the registered trademark to 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 on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier.