There are two situations for selling infringing goods: 1. You are unaware, that is, you do not know that these are infringing goods, and you are selling them in accordance with the provisions of Article 64 of the Trademark Law of the People's Republic of China If you do not know that the goods infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and indicate the supplier. 2. You are informed and you know that this is an infringing product. According to Article 63 of the Trademark Law of the People's Republic of China, the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the right The actual losses suffered by the person due to infringement are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses suffered by the right holder or the benefits obtained by the infringer are difficult to determine, refer to the trademark license fee The multiple is reasonably determined. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
Article 64: If the holder of the exclusive right to a registered trademark requests compensation, and the accused infringer makes a defense on the ground that the holder of the exclusive right to the registered trademark has not used the registered trademark, the people's court may require the holder of the exclusive right to the registered trademark to provide the three previous Evidence of actual use of the registered trademark during the year. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation. If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier.