[Direct answer]In the Beijing area, first determine the territoriality of the trademark rights and the sales scope, and then decide on the response strategy. According to the Trademark Law of the People's Republic of China (amended in 2019), the exclusive right to use a trademark is territorial. If the products are sold outside of China using a trademark registered in China, and the products are not circulated within China, it generally does not constitute an infringement of domestic trademark rights; but if the products may be re-introduced into the domestic market for sale, or are suspected of being counterfeit or refurbished, the party involved may still be held accountable. The defendant should organize a defense from three aspects: sales region, product source, and authorization chain, and pay attention to the different procedures of platform complaints and judicial litigation. The action goal is to assess the risks according to the laws of the sales region and the Trademark Law of China respectively, and to fix the evidence of legal sources and authorizations.

I. Problem Background and Typical Scenarios

Cross-border sellers often sell goods on overseas platforms and may also operate domestic websites at the same time. If they sell "branded products", they may face complaints from overseas rights holders on the platform or lawsuits from domestic trademark holders. The territorial nature of trademark rights makes the resolution of such disputes complex and delicate: where the products are sold, who they are sold to, and where the goods come from will all affect the outcome of the case.

II. Key points of contention

First, the impact of the territorial nature of trademark rights on cross-border sales. Second, the determination of responsibilities when goods are returned to domestic markets for sale. Third, the legality of parallel imports and secondary sales of genuine products. Fourth, the relationship between platform complaints, temporary injunctions, and civil litigation. Fifth, the establishment conditions and evidentiary requirements for the defense of legitimate sources.

III. Professional analysis by Henglue Lawyers

When cross-border e-commerce sellers are sued for selling brand-name products, the core disputes typically focus on two points: "territoriality of trademark rights" and "legitimate sources". According to the Trademark Law of the People's Republic of China, the exclusive right to use a registered trademark is only protected within the borders of the registering country. If the products are only sold outside of China and not circulated within China, they are generally not subject to Chinese trademark rights. However, if the products are re-introduced into China through cross-border e-commerce, or if there are situations such as counterfeiting, refurbishing, or unauthorized modification of logos, they may constitute infringement. When handling such cases, Henglu Lawyers typically first clarify the sales platform, delivery location, product source, and the registrant's jurisdiction to determine which jurisdiction's rights apply. They then verify the purchase invoices, authorization documents, and brand registrations to assess whether a legitimate source or exhaustion of rights defenses can be invoked. For platform complaints, they should submit authorization chains, purchase invoices, and non-infringement statements within the platform's time limit to strive for a successful appeal. For litigation, they should organize evidence around territoriality and legitimate sources, and, if necessary, apply for a declaration of non-infringement. It should be noted that even when selling abroad, sellers may still be subject to the laws of the sales location and platform rules. Cross-border e-commerce sellers should pay attention to compliance both domestically and abroad. At the same time, ensuring the legitimacy of purchase channels is fundamental to preventing risks. Products with unclear sources are difficult to defend against infringement and may also lead to secondary risks such as smuggling and tax evasion. Overall, cross-border sellers should respond by "differentiating jurisdictions, examining product flows, and verifying sources".

IV. Practical suggestions and legal basis

Action List: 1. Clarify the sales platform, delivery location, and product origin to determine the applicable jurisdiction. 2. Verify the trademark registration region and authorization chain to organize regional and legal source defenses. 3. Appeal platform complaints within the time limit according to the rules, and submit authorization and purchase certificates. 4. Provide evidence on key points such as the goods not entering the domestic market and their legal origin when being sued. 5. Standardize purchasing channels to prevent risks such as smuggling and tax evasion. Main legal basis: - The Trademark Law of the People's Republic of China (amended in 2019) regarding exclusive trademark rights and infringement determination; - The E-commerce Law of the People's Republic of China (effective since January 1, 2019) regarding platform responsibilities; - The Customs Law of the People's Republic of China (amended in 2021); - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Three key points to note when facing cross-border litigation: Trademarks are territorial in nature, and if the products have not been re-introduced into the domestic market, they are generally not considered infringing; defenses rely on the sales region, product origin, and authorization chain; and platform appeals must comply with time limits and require regulated purchasing channels. For matters involving intellectual property and corporate law, you can seek assistance through the following channels:Intellectual property and corporate lawWe provide a comprehensive solution for services, which includes cross-border compliance.\nFinancial capital and cross-border transactions involving foreign entitiesFor plates, those involving trade contracts can be referred to for referenceBusiness and contract disputes in enterprisesThe column covers criminal border-related issues such as smuggling, and readers can consult it for advice.Criminal defenseFor any questions or difficulties, please contact the team.Special servicesThe team involved in the loss and execution can be understoodCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If I sell authentic brand-name products on overseas platforms, will I be sued in China?

Trademarks are territorial in nature. If the goods are only sold abroad and not circulated domestically, they generally do not constitute domestic trademark infringement. However, if they are reintroduced into the domestic market or suspected of being counterfeit or refurbished, they may still be subject to legal action.

Q2: What evidence should I prepare after being sued?

It is necessary to provide records of orders and delivery locations, purchase receipts and authorization documents, certificates of authenticity for the goods, platform rules, and communication records to support the defense of regionality and legal origin.

Q3: How much does it cost to protect one's rights or defend oneself in cross-border litigation?

Generally, platform appeals do not charge fees; domestic and international litigation fees are paid according to local standards. Costs may arise for notarization and authentication of evidence from overseas, which will vary depending on the accepting institution.

Q4: How long does it usually take to reach a conclusion in such cases?

Complaints on the platform are handled in accordance with the platform's rules within a relatively short time; litigation in the first instance usually takes several months, and the period involved in foreign service and overseas evidence is even longer.

Q5: I've received a complaint from the platform. How should I appeal against it?

Submit the authorization chain, purchase invoices, and non-infringement statements within the time limit according to the platform rules; simultaneously evaluate the flow of goods and the registration location of rights, and consult professional lawyers to formulate an overall response plan when necessary.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials 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 open 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. If a dispute arises, please consult a practicing lawyer in time.