Can I sell goods with someone else’s trademark?

If the actual product name used by a commercial organization is very similar to the trademark, it will easily confuse consumers and infringe upon the rights of the trademark owner. In this case, the trademark owner has the right to require the relevant party to immediately stop the infringement and bear corresponding liability for damages. If both parties cannot reach a settlement through negotiation, they should resort to legal means to safeguard their legitimate rights and interests. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can I sell goods with someone else’s trademark?

From a legal perspective, even if there is only a subtle difference between the product name and the registered trademark, it may will be considered an infringement.

If the relevant trademark has been successfully registered in the market and the company is producing products If a similar or even identical name and trademark is used, this will mislead consumers to a great extent and will undoubtedly constitute infringement of the trademark owner.

In this case, as the trademark owner, you have the right to require the infringing party to immediately Stop the infringement and bear corresponding financial liability.

If the two parties cannot reach a settlement through negotiation, they can choose to file a lawsuit in court to protect themselves Legitimate interests.

Article 57 of the Trademark Law

Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a registered trademark on the same product without the permission of the trademark registrant Similar trademarks, or the use of identical or similar trademarks on similar goods that are likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Intentionally providing facilities for infringement of other people’s trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;

(7) Causing other damage to the exclusive rights of others’ registered trademarks

2. Will I be sued for trademark infringement if I don’t have a trademark?

In practice, if a trademark is used without authorization, it is very likely to constitute infringement.

Similarly, if you use someone else's unregistered trademark without authorization, and after the preemptive registration is successful, the trademark will be counted from the day when the trademark is officially registered. In just five years, if the original owner of the trademark is aware of this and submits a lawsuit to the Trademark Review and Adjudication Board to declare the trademark invalid, then the question of whether there is infringement of the trademark will arise. , will trigger a protracted legal dispute