The defense grounds in trademark infringement disputes can generally be divided into two categories: one is the defense of the litigation procedure grounds, which is generally the defense of the qualifications of the subject of litigation, the defense of litigation jurisdiction and the defense of statute of limitations. The other is the defense on the substantive grounds of litigation, generally the defense of trademark invalidity and non-infringement. 1. The plaintiff's litigation subject is not qualified to defend. According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases", the plaintiff in a trademark infringement lawsuit should be the owner of the registered trademark or an interested party. The interested party Including the licensee of the registered trademark license contract, the legal successor of the registered trademark property rights, etc. When the exclusive right to use a registered trademark is infringed upon, the licensee of the exclusive use license contract may file a lawsuit with the People's Court; the licensee of the exclusive use license contract may file a lawsuit together with the trademark registrant, or may file a lawsuit before the trademark registrant. If you do not want to sue, you can file a lawsuit on your own; the licensee of a general use license contract can file a lawsuit if expressly authorized by the trademark registrant. Therefore, the plaintiff's subject should comply with the above provisions. If the plaintiff does not meet the above provisions, the defendant can raise the defense that the plaintiff's subject of litigation is unqualified. 2. Defense of non-identity and non-similarity. According to the provisions of the Trademark Law, a trademark that is identical or similar to the registered trademark is used on the same or similar goods without the permission of the trademark registrant; selling goods that infringe the exclusive rights of the registered trademark without the consent of the trademark registrant, changing his or her registered trademark and putting the goods with the changed trademark back into the market; forging or manufacturing others’ registered trademarks without authorization or selling forged or unauthorized registered trademarks; giving registered trademarks to others If the exclusive right causes other damage; the above acts are all infringements of the exclusive right of a registered trademark. Therefore, the defendant should base its defense on the plaintiff’s specific claims. Here, we only use the claim that a trademark that is identical or similar to the registered trademark is used on the same or similar goods without the permission of the trademark registrant as an example. First, determine the scope of the exclusive right to register a trademark, which should be limited to the trademark approved for registration and the goods approved for use. It cannot be based on the trademark actually used by the owner of the registered trademark and the goods actually used by the trademark. Then determine the specific objects accused of infringement, firstly, the trademark accused of infringement, and secondly, the goods used by the trademark accused of infringement. Next, compare the alleged infringement object with the registered trademark and the goods for which the registered trademark is used, and determine whether the alleged infringing trademark is the same or similar to the registered trademark, and whether the goods used for the alleged infringing trademark are the same as those for which the registered trademark is used. Verify whether the goods used are of the same type or similar. When judging similar trademarks, the so-called similarity needs to reach a level that is likely to cause confusion, that is, the trademark is used on the same or similar goods as the goods for which the registered trademark is approved, and ordinary consumers may have a wrong understanding of the source of the goods. Specific comparison methods of isolated observation, overall observation and key part observation should be used when comparing. After the above comparison, if it is concluded that the trademarks are not identical or similar or the products do not belong to the same kind of goods or similar goods, it can be determined that there is no infringement. 3. Defense of Prior Rights The Trademark Law stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence. Therefore, if a registered trademark conflicts with the legal rights of the alleged infringer (such as a business name), you can use prior rights as a defense to claim that you do not constitute infringement. 4. Common name defense "Trademark Law" stipulates that trademark registration using the common name of the product will not be registered (except for those that have acquired distinctive features through use and are easy to identify). Therefore, if a trademark is a common name for goods, even if it is registered, the common name defense can still be considered as long as it meets the following characteristics: the registered trademark is a common name for goods by convention and has a wide geographical range of use; the common name has no use as a trademark Obtain distinctiveness; the common name is only a part of the registered trademark and cannot restrict others from using the common name of the product; the trademark owner containing the common name has no right to prevent others from using the common name as an integral part of the trademark. 5. The Fair Use Defense Trademark Law stipulates that place names of administrative divisions above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

According to the above regulations, trademarks containing place names above the county level, while allowing registration, also limit some rights of the trademark owner, that is, they cannot restrict others from reasonable use of the place names. As long as it does not cause confusion or misunderstanding among the relevant public, it does not constitute infringement. 6. Defense against the legal origin of the goods being sold. The Trademark Law stipulates that if you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation. 7. Limitation of action defense If the plaintiff's lawsuit exceeds the statute of limitations, he can raise a limitation of action defense and claim that the plaintiff's claim should not be supported. 8. Defense for cancellation of registered trademark According to the provisions of the Trademark Law, if a registered trademark violates the provisions of Articles 10, 11, and 12 of the Law, or is registered by deception or other unfair means, The Trademark Office shall cancel the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on canceling the registered trademark. If a registered trademark violates the provisions of Articles 13, 15, 16, and 31 of the Law, within five years from the date of trademark registration, the trademark owner or interested party may request a trademark The review committee ruled to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. Trademarks are as important as ID cards. There may be many similar trademarks, but they will never be exactly the same. A good trademark is the important soul of a company. It is recommended to use the trademark after it is registered, so that you will not suffer any losses because it is not registered in the end. It usually takes several months for a trademark to be registered.