Selling for others counts as trademark infringement

3503 - Selling for others.

Import & Export**350005, Auction 350030, Selling 350071 for Others, Purchasing for Others (Buying Goods or Services for Other Enterprises) 350085, Marketing 350106, Marketing 350107, Providing Buyers and Sellers of Goods and Services with a Market 350120

Legal analysis: The unauthorized use of another person's registered trademark is an infringement of the exclusive right to use another person's registered trademark. If the circumstances are serious, it may also be suspected of the crime of counterfeiting registered trademarks.

Lawful and reasonable use to avoid the risk of infringement. Selling one's own things under someone else's brand violates the Trademark Law of the People's Republic of China, and is generally referred to as counterfeiting and infringement. It shall bear the corresponding legal responsibilities in accordance with the Trademark Law and its implementing regulations.

Legal basis: Article 57 of the Trademark Law of the People's Republic of China Any of the following acts shall be deemed to be an infringement of the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to the registered trademark on the same kind of goods; (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 or similar to its registered trademark on goods similar to the trademark registrant, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

Yes, if another person's trademark has been registered, then the other person's use is an infringement, and the law stipulates that any of the following acts are infringing the exclusive right to use a registered trademark: (1) Without the permission of the trademark registrant, the same trademark is used on the same kind of goods; (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 that is identical to 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; Article 57 of the Trademark Law of the People's Republic of China Any person who commits any of the following acts shall be deemed to have infringed the exclusive right to use a registered trademark

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods; (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 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 manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

Yes, if another person's trademark has been registered, then it is an infringement for others to use it again, and the law stipulates that any of the following acts are infringing the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same kind of goods; (2) Without the permission of the registrant of the trademark owner, using a trademark similar to the registered trademark on the same kind of goods, or using a trademark identical or similar to the 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;

Legal basisArticle 57 of the Trademark Law of the People's Republic of China.

Any of the following acts is an infringement of the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, using a trademark identical to its registered trademark on the same kind of goods; (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 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 manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) Intentionally providing facilitation conditions for infringing on the exclusive right to use a trademark of another person, or assisting another person to carry out an act of infringing on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

Legal Analysis: The fraudulent use of other people's trademarks is a crime of counterfeiting registered trademarks, which refers to the use of trademarks identical to registered trademarks on the same kind of goods without the permission of the registered trademark owner in violation of national trademark management regulations, and the circumstances are serious. The use of a similar or similar registered trademark of another person will also be suspected of a criminal offense.

Legal basis: Criminal Law of the People's Republic of China Article 213 Whoever, without the permission of the owner of the registered trademark, uses a trademark that is similar to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.