Exceptions of trademark infringement include:
1. If the owner of the exclusive right to a registered trademark cannot provide evidence of actual use of the registered trademark within the previous three years, and the alleged infringer files a defense, The people's court will not support the claim of the owner of the exclusive right to use a registered trademark for compensation;
2. If the person sells goods that are not known to infringe the exclusive right to use a registered trademark, and the supervisor is not at fault, he will not be liable for compensation;
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3. Other exceptions.
Legal Basis
Article 64 of the Trademark Law of the People's Republic of China
The owner of the exclusive right to a registered trademark requested compensation and was accused of infringement If a person raises a defense on the ground that the owner of the exclusive right to a registered trademark has not used the registered trademark, the People's Court may require the owner of the exclusive right to the registered trademark to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.
If you sell goods that you do not know infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.
Article 65
If a trademark registrant or interested party has evidence to prove that others are committing or about to commit acts that infringe upon the exclusive right to use a registered trademark, if it is not stopped in time, it will If their legitimate rights and interests are irreparably damaged, they may apply to the People's Court to take measures to order the cessation of relevant actions and property preservation before filing a lawsuit in accordance with the law.