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How to deal with the infringement of trademark law of uninformed sales
First, how to deal with infringing trademarks without knowing it? Paragraph 2 of Article 60 of China's Trademark Law clearly stipulates: "If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, and you can prove that the commodity was legally obtained by yourself and explain it to the supplier, the administrative department for industry and commerce shall order you to stop selling it." It can be seen that even unwittingly selling goods that infringe the exclusive right to use a registered trademark constitutes infringement of the exclusive right to use a registered trademark. At the same time, the law stipulates that if the infringer doesn't know and can prove that the goods were legally obtained by himself and explain the supplier, the administrative department for industry and commerce shall order him to stop selling. Uninformed infringers also need to bear the tort liability of stopping selling the product and providing purchase channels to assist in investigating the source of fake and inferior products. (1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others. But in fact, the exclusive right to use a trademark protected by the Trademark Law is exercised by the subject; Exercising different rights forms different subjects of rights; The stipulated torts are all carried out by the subject, and the subjects who carry out different acts form different torts. Therefore; Grasping trademark infringement from the perspective of subject seems to be more conducive to understanding the relationship between subject, litigation rights and responsibilities. The punishment of trademark infringement can generally be carried out in accordance with administrative punishment, but if the amount involved in trademark infringement is huge, it is necessary to investigate the relevant criminal responsibility. In specific cases, it should be handled in strict accordance with the law to avoid mistakes in the application of the law, and the specific situation should be determined in combination with the actual situation. Legal basis: Article 120 of the Civil Law of People's Republic of China (PRC) infringes, and the infringed has the right to request the infringer to bear the tort liability. Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation. Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger. Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.