Legal subjectivity:

However, in cases of trademark infringement disputes, dealers, according to Article 64, Paragraph 2, of the Trademark Law of the People’s Republic of China: “The salesperson does not know It is a product that infringes the exclusive rights of a registered trademark. If you can prove that the product was obtained legally and state the provider, you will not be liable for compensation." This provision has now become the most commonly used law for sellers to defend themselves as defendants in trademark infringement lawsuits. It can be seen from the provisions that the seller's exemption condition for infringement of trademark rights is that I would like to inquire about the legal sources of trademark infringement; if I do not know that the product infringes the exclusive right of a registered trademark, I can prove that the product was obtained legally and I would like to ask the provider what are the legal sources of trademark infringement; and only the liability for compensation can be exempted. Other infringement liabilities (such as stop sales) are not necessarily exempted. In judicial practice, the identification and proof of evidence for legal source defense There are no clear legal provisions on the standards, so how to master them? In judicial practice, in order to prove that the product has legal origin, sellers usually provide sales contracts, delivery orders, purchase orders, shipping documents, invoices, photos, recordings, Evidence such as witness testimony, however, is usually denied by the trademark owner on the grounds of lack of relevance, thus denying that the product has a legitimate source, especially if the contract, delivery note, purchase note, or invoice does not record the trademark of the product. or brand content, it is more difficult to unify the relevance of the evidence legally and objectively:

Article 32 of the "Trademark Law" Application for trademark registration shall not damage the existing prior rights of others, nor shall it be without prejudice to the existing prior rights of others. Legitimate means to preemptively register a trademark that has been used by others and has certain influence.