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What should I do if I am sued for trademark infringement?

Release Time：

2022-06-24

In recent years, trademark infringement cases in supermarkets and stores have occurred frequently. The reason is that brand companies' awareness of rights protection is constantly improving, while sellers' awareness of intellectual property rights is still weak and their knowledge of infringement laws is relatively lacking. Therefore, such cases mostly ended in supermarkets and stores being sentenced to compensation for infringement.

What is trademark infringement? What are trademark infringements?

Trademark infringement refers to the use of the same or similar trademark on the same or similar goods by the actor without the permission of the trademark owner, or other acts that interfere with or hinder the use of the trademark owner's registered trademark and damage the legitimate rights and interests of the trademark owner.

According to Article 57 of the Trademark Law, any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical to its registered trademark on the same kind of goods 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, which is likely to cause confusion;

(3) Selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or without authorization manufacturing the marks of another person's registered trademark or selling the marks of a registered trademark forged or manufactured without authorization;

(5) Replacing its registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market;

(6) Intentionally providing convenient conditions for the infringement of the exclusive right to use a trademark of others, helping others to carry out the infringement of the exclusive right to use a trademark;

(7) Causing other damage to the exclusive right to use a registered trademark of another person.

If your actions do constitute infringement, do you need to bear the corresponding infringement liability?

Article 64 (2) of the Trademark Law states: Anyone who sells a commodity without knowing that it infringes on the exclusive right to use a registered trademark and can prove that the commodity has been legally obtained by himself and the supplier shall not be liable for compensation.

Article 79 of the Regulations on the Implementation of the Trademark Law stipulates that the following circumstances are those stipulated in Article 60 of the Trademark Law that can prove that the goods are legally acquired by themselves:

1. Supply list and payment receipt legally signed by the supplier and verified by the supplier or approved by the supplier;

2. There is a purchase contract signed by both parties and verified to have been truly performed;

3. There is a legal purchase invoice and the items recorded in the invoice correspond to the commodities involved;

4. Other circumstances that can prove lawful acquisition of the goods involved.

The above are the corresponding exemption clauses stipulated in the Trademark Law and implementing regulations, and supermarkets and store operators want to plead legal origin to escape liability.

The first is to fulfill the reasonable duty of care, and the second is to provide evidence of the legitimate source of the infringing product, such as purchase channels, purchase methods, contract invoices, and the evidence provided is one-to-one corresponding to the product.

If you can't do the above two points, you will be responsible for your own infringement.

This reminds supermarkets and store operators that they must standardize the purchase channels, check the brand authorization qualifications of merchants when necessary, ask for bills in a timely manner, and retain them in order to encounter infringement disputes, promptly exercise their legal source defense rights, and avoid infringement liability as much as possible.

Source: Gold name label

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