[Direct answer]In the Beijing area, it's not possible to generalize. The key issue is whether the product itself has been put on the market with the permission of the trademark holder. If the product is an authentic one produced by the trademark holder or with his authorization, even if the authorization documents are incomplete and the product is distributed through unauthorized channels, it is still generally considered a "genuine product". However, this may lead to disputes over after-sales service, quality guarantees, and the legitimacy of the product's origin. If the product uses a registered trademark without authorization, or is a counterfeit, refurbished, or OEM product, it may constitute an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China. Action guidance: Verify the product's source and authorization documents. First, distinguish between "genuine products with abnormal distribution channels" and "counterfeit products", and then assert rights accordingly.

I. Problem Background and Typical Scenarios

Whether the authorization chain is continuous is a frequent point of contention in brand protection and channel governance. There are three typical scenarios: consumers buy products from unauthorized stores and find that there are no formal authorization letters or invoices with mismatched headers, fearing that they may have purchased counterfeit goods; brands discover that downstream distributors resell products without authorization, sell across regions, or unlawfully use similar logos, claiming infringement; e-commerce stores claim to sell "genuine products" but fail to provide complete authorization documents. Whether the authorization is continuous directly affects the nature of the products, after-sales protection, and liability, and is also the starting point of many trademark and unfair competition disputes.

II. Key points of contention

Firstly, whether the products have been put on the market with the permission of the trademark owner; Secondly, whether the break in the authorization chain is equivalent to counterfeiting; Thirdly, whether the genuine products circulating through unauthorized channels can still be sold; Fourthly, the rights and remedies of both the brand owner and consumers. The core point is that the "existence or absence" of authorization and the "completeness or incompleteness" of authorization documents are two different issues and should not be confused with each other.

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling intellectual property and corporate legal affairs shows that when determining whether a broken authorization chain affects the "authenticity" of a product, it should be analyzed from two perspectives. First, the product itself: If the product is manufactured by the trademark owner or its licensee and legally put on the market, even if the subsequent authorization documents are incomplete or the product is distributed through unauthorized channels, it is still an authentic product authorized for use. After the first sale, the trademark owner's rights to the batch of products are usually exhausted, so trademark infringement claims based solely on irregular distribution channels are unfounded. Second, the business behavior: If the operator illegally uses registered trademarks, forges authorization documents, or sells counterfeit, refurbished, or OEM products, they may fall into the infringement situation described in Article 57 of the Trademark Law; if their promotional activities lead the public to mistakenly believe that there is an authorization or franchise relationship with the brand owner, they may also constitute misleading behavior prohibited by Article 6 of the Anti-Unfair Competition Law. In practice, trademark owners often face obstacles in protecting their rights due to insufficient evidence: they cannot prove the product's source, distinguish genuine from counterfeit products, or verify the authenticity of authorization documents. Therefore, it is necessary to improve the authorization system and product code traceability in advance, fix purchase invoices and authorization documents during the process, and confirm the product's nature through appraisal and notarization afterwards. For consumers, they can verify the authorization and request formal invoices before purchasing, and claim corresponding responsibilities in accordance with the Contract Chapter of the Civil Code of the People's Republic of China when encountering quality or after-sales disputes. It should be emphasized that a broken authorization chain does not necessarily mean counterfeiting. Determining infringement still needs to return to the core standard of "whether the trademark is used with authorization".

IV. Practical suggestions and legal basis

The first step is for the brand owner to improve the authorization system and coding traceability, and clarify the scope of authorization and channel rules. The second step is to check the authorization documents, purchase invoices, and product sources during transactions, and try to retain written materials as much as possible. The third step is to fix evidence through appraisal and notarization for suspicious products, and distinguish genuine products from counterfeit ones. The fourth step is to assert contractual liability or trademark infringement liability, and follow the path of anti-unfair competition for cases involving confusion. The main legal basis: Article 57 of the Trademark Law of the People's Republic of China (amended in 2019), Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019), and the relevant provisions of the Contract Chapter of the Civil Code of the People's Republic of China (effective as of January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, check whether the authorization chain is intact. Then, verify whether the goods are genuine or not, and finally determine whether the behavior has exceeded the boundaries. Dealing with genuine products with abnormal channels and counterfeiting infringements follows completely different approaches. Never label something as "fake" right from the start. For issues involving trademarks and authorizations, you can proceed through the following channels:Intellectual property protection and corporate lawObtain an overall solution for the service; those involving contract and channel management can be integrated togetherBusiness and contract disputes in enterprisesPlate; for reference on claims and enforcement, please refer to the following materials:Creditor's rights and debts, and enforcementFor cases involving criminal offenses related to counterfeiting, you can seek adviceCriminal defense and criminal case filingOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: Are genuine products purchased from unauthorized channels considered counterfeit goods?

No. As long as the goods are produced by the trademark owner or its licensee and legally put on the market, they are genuine in themselves. Abnormal channels do not change the nature of the goods, but after-sales service and warranty may be affected.

Q2: Can the brand owner prohibit the cross-regional sale of genuine products?

Traditionally, trademark rights are exhausted after the first sale of goods, and simply reselling genuine products across different regions does not generally constitute trademark infringement. The brand owner can pursue breach of contract liability in accordance with the regional and channel provisions of the distribution contract, but should avoid imposing mandatory minimum resale prices through the agreement.

Q3: Is an authorization document that is incomplete considered to be unofficial?

Not necessarily. Incomplete authorization documents may only indicate that the sales channels are not standardized, which is a different matter from the authenticity of the products. To determine the authenticity of the products, we should still look at the product sources, purchase invoices, and whether the products have been authorized by the rights holders.

Q4: How to protect your rights if you buy counterfeit goods?

First, fix the purchase receipt, the goods, and the promotional materials and have them appraised or notarized. Then, according to the contract, claim a refund or return the goods, or claim to stop infringement and compensation according to the Trademark Law and the Anti-Unfair Competition Law. If it constitutes a crime, report it to the police in time.

Q5: What should the brand owner do first if they discover counterfeit products?

Firstly, secure the evidence immediately by means of notarization of purchases, preservation of web pages, etc. to identify the infringement facts. Assess whether it constitutes trademark infringement or unfair competition. If necessary, report the case to the police and file a civil lawsuit for compensation simultaneously.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.