Is selling second-hand items a trademark infringement?

Regarding the question of whether selling second-hand items is a Trademark infringement? Let’s take a look with the editor of Legal Savior Network. I hope to be helpful.

1. Is the sale of second-hand items a trademark infringement?

Second-hand items are generally does not constitute trademark infringement. Trademark infringement generally refers to behaviors in which the perpetrator forges, manufactures, and sells other people's trademarks without authorization based on subjective intention, or deliberately provides facilities for infringement of other people's trademark exclusive rights, causing losses to the trademark owner.

Article 56 of the Trademark Law of the People's Republic of China

Exclusive use of registered trademarks The rights are limited to the approved registered trademark and the approved goods for use.

Article 57

Anyone who commits any of the following acts shall be deemed to be an infringement of registration Trademark exclusive rights:

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

(2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same or similar trademark as its registered trademark on similar goods Trademarks 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 forged or unauthorized registered trademarks;

(5) Without trademark registration The registrant agrees to change its registered trademark and put the goods with the changed trademark into the market;

(6) Deliberately facilitate the infringement of the exclusive rights of others' trademarks Conditions, helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to others' exclusive rights to registered trademarks.

2. What is the standard of compensation for trademark infringement?

1. The standard of compensation amount

1. The standard of compensation amount

(1) 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;

(2) If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement;

(3) The right holder’s If the loss or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the trademark license fee;

(4) For malicious infringement of the exclusive right to use a trademark, the circumstances In serious cases, the amount of compensation may be determined between one time and three times the amount determined according to the above method.

The amount of compensation shall include the reasonable expenses paid by the right owner to stop the infringement.

2. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the people's The court awarded a compensation of less than three million yuan based on the circumstances of the infringement.

Based on what has been said above, trademark infringement will cause heavy losses to the interests of others, but when determining trademark infringement, it is also necessary to comply with the provisions of the law. However, there is no infringement in the transfer of second-hand items. As long as the buyer and seller negotiate the price, there will be no disputes.

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