How to determine the legal acquisition of goods sold that infringe the exclusive rights of registered trademarks

For our friends who sell things, there are several situations where you don’t have to pay money to others. First, you must be able to prove that you did not know that the product you said infringed someone else’s trademark; secondly, you must also You have to prove where you got the item from and tell them who gave it to you. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. How to determine the legal acquisition of goods sold that infringe the exclusive rights of registered trademarks

If dealers want not to bear legal liability for compensation, they must provide evidence Prove that the product they are selling was not copied by them themselves or purchased from an unknown source.

If they can provide the legal source of this product and tell the specific Provider, then no problem.

In this process, sellers must be particularly careful and cautious, and pay attention to the purchase channels. , only obtain goods from regular suppliers, and then conduct a further review of the goods received.

This includes checking the supplier’s business license and understanding whether they have related products. Circulation license, brand agency agreement, product production license, etc. Only in this way can we initially judge whether the goods they sell are illegal.

Moreover, these sellers should also properly keep the formal supply and sales contract, supply Purchase orders and all related official invoices, and establish a sound purchase and sales ledger, so as to avoid being sued for inadvertently infringing other people's intellectual property rights.

Article 57 of the Trademark Law

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

(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, it is easy to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods. Causing confusion;

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

(4) Counterfeiting or unauthorized manufacturing of other people’s registered trademarks or selling counterfeit or unauthorized manufacturing registered trademark logo;

(5) Replacement without the consent of the trademark registrant The registered trademark and the goods with the changed trademark are put into the market;

(6 ) Intentionally providing convenient conditions for infringement of other people's exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights.

2. Suspected of selling counterfeit trademarks How to pay a fine of 50,000 for commodity crimes

According to our country's "Criminal Law" 》Article 213. If the crime is found to be relatively minor, you may have to face a fixed-term imprisonment of not more than three years and a fine. If the crime is more serious, it will be more than three years and ten years. The following is a term of imprisonment, plus a fine.

The Supreme People's Court and the Supreme People's Procuratorate jointly issued a document called "On Handling Knowledge Infringements" The document "Interpretation of Several Issues on the Specific Application of Laws in Property Rights Criminal Cases" stipulates in the first article that if the amount of illegal business exceeds 50,000 yuan, or the illegal income reaches 30,000 yuan, then the case is considered serious; if two counterfeit goods If there are more than one registered trademark, and the amount of illegal business operations exceeds 30,000 yuan, or the illegal income reaches 20,000 yuan, then this is also a sign of serious circumstances.

Going further, the amount of illegal business exceeds 250,000 yuan, or If the illegal income reaches 150,000 yuan, it can be considered a particularly serious case.

Of course, if you know that you are selling goods with counterfeit registered trademarks, but If the sales amount reaches more than 50,000 yuan, then according to the provisions of Article 214 of the Criminal Law, this falls into the category of "large amount", which means that you may be charged with selling goods with counterfeit registered trademarks. The sentence may be fixed-term imprisonment of less than three years, or criminal detention, and then a fine.

If the sales exceed 250,000 yuan, it is considered a "huge amount" Yes, according to the provisions of Article 214 of the Criminal Law, you maySentenced to fixed-term imprisonment of not less than three years but not more than seven years, and then fined.