Legal subjectivity:

Complaints about intellectual property rights happen from time to time. Of course, parties do not need to panic. They can first find out whether they have indeed infringed the rights of others. legitimate rights and interests, and then find out whether the other party has malicious litigation behavior. 1. What to do if someone files a lawsuit for trademark infringement. First, determine whether the plaintiff is qualified. The plaintiff in a trademark infringement lawsuit shall be the owner or interested party of the registered trademark. Secondly, check whether the statute of limitations has expired. The statute of limitations for infringement of the exclusive right to use a registered trademark is three years, starting from the date when the trademark registrant or interested owner knows (or should know) about the infringement. If it is found that the statute of limitations has expired, this can be used as a defense. Third, confirm whether it has been used before. The Trademark Law stipulates that before a trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark has no right The user is prohibited from continuing to use the trademark within the original scope of use, but may be required to attach appropriate distinguishing marks. You can also raise a common name defense. The Trademark Law stipulates that the registered trademark contains the common name, graphics, and model of the product, or directly represents the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product, or The owner of the exclusive right to a registered trademark has no right to prohibit others from using the place name contained therein. Finally, you can also use the withdrawal defense strategy. The "Trademark Law" stipulates that if a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. . If it is found that the trademark owner has not used it for more than three years, he can defend himself accordingly. 2. How to proceed with the trademark infringement litigation process? The trademark infringement litigation process involves the parties submitting a complaint to the court. After review, the court will accept it if it meets the conditions. It will then hold a hearing and make a corresponding judgment. The infringer shall bear the legal consequences such as stopping the infringement and compensating for losses. . 3. How much compensation should be paid for trademark infringement? 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; if the actual losses are difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; 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. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. To sum up, in the face of litigation, on the one hand, the amount of mediation can be negotiated, and on the other hand, if the agency rights can be negotiated, the infringement fees may also be omitted, and both parties will achieve a maximum win. Of course, the more important thing is to take precautions before they happen. The products sold must be managed in a standardized manner. You can make inquiries before using the trademark. Legal objectivity:

"Trademark Law"

Article 47

Declaration in accordance with the provisions of Articles 44 and 45 of this Law An invalid registered trademark will be announced by the Trademark Office, and the exclusive right to use the registered trademark will be deemed to have ceased to exist from the beginning. Decisions or rulings declaring the registered trademark invalid, judgments, rulings, and mediation documents on trademark infringement cases made and executed by the People's Court before the invalidation, and decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, as well as The executed trademark transfer or licensing contract does not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant. If the trademark infringement compensation, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.