1. What will happen if you sell goods that are used without the permission of the trademark owner
1 , Stop infringement immediately
Sales of goods without the permission of the trademark owner will be deemed as unauthorized use of other people's trademarks. When handled by the industrial and commercial administration department, as long as the sales are infringing If a person's infringement is established, he will be required to immediately stop selling the infringement, and the infringing trademark goods will be confiscated and destroyed on the spot.
2. Accept a certain fine
If it is found that the illegal business amount obtained by the sales infringer has been If the amount reaches more than 50,000 yuan, then the industrial and commercial department will accordingly impose a fine of not more than five times the illegal business amount. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan will be imposed accordingly. Those who commit more than two trademark infringements within five years or have other serious circumstances will be severely punished, but this will depend on the actual situation. One thing you need to pay attention to here is that when you sell trademarked goods, you don’t even know that they are goods that infringe the exclusive rights of Registered trademarks. As long as you can prove that you obtained the goods legally and can tell who provided them, then the industrial and commercial administration department Generally, it is a request to stop sales.
Of course, if you are dissatisfied with the punishment result, the party concerned can take the following methods:
1), seek mediation from the industrial and commercial administrative department
In disputes over the amount of compensation for infringement of trademark exclusive rights, the parties may request mediation from the industrial and commercial administrative department handling the matter.
2) File a lawsuit in court
If after mediation by the industrial and commercial administration department, the parties fail to reach an agreement If the agreement or mediation letter is not performed after it takes effect, the parties may also file a lawsuit in the People's Court.
2. Provisions of Trademark Law on Infringement of Registered Trademarks
According to Article 52 of the Trademark Law Article 1 Any of the following acts shall constitute infringement of the exclusive right to use a registered trademark:
(1) Without the permission of the trademark registrant, using the same product or similar products Using a trademark that is identical or similar to its registered trademark;
(2) Selling goods that infringe the exclusive rights of a registered trademark;
(3) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(4) Failure to do so With the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (5) The exclusive right to use the registered trademark of others causes other Damage.
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