First, whether the subject of prosecution is qualified.

According to the provisions of the Trademark Law: "The plaintiff in a trademark infringement lawsuit shall be the registered trademark owner or interested party as stipulated in the Trademark Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes." Therefore, we must first determine whether the plaintiff is a trademark holder or a close related person. If not, you can defend the plaintiff through the court.

2. Whether the plaintiff's trademark has been used continuously for three years.

According to Article 64 of the Trademark Law: "If the exclusive right holder of a registered trademark cannot prove that the registered trademark has been actually used in the first three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation." So you only need to know and prove how long the other party has used the disputed trademark and whether it has been used in the last three years. If the other party doesn't use it, you have no legal responsibility.

3. Is the plaintiff's trademark a generic name?

Article 59 of the Trademark Law stipulates: "The exclusive right holder of a registered trademark has no right to prohibit others from properly using the common name, figure and model of the commodity contained in the registered trademark, or the place name that directly indicates the quality, main raw materials, function, use, weight and quantity of the commodity." Therefore, if the trademark you use is a generic name and has no distinctive features, the other party has no right to ban it.

Fourth, the limitation of action judgment.

The Trademark Law stipulates that during the period of validity of a trademark, if the obligee knows or should know about the infringement for more than two years, and the obligee files a lawsuit again (including the case where the infringement continues and is interrupted for more than two years before the infringement is implemented), the law will protect it as long as the infringement is going on or the obligee files a lawsuit for less than two years. If the limitation of action exceeds the prescribed time limit, it can be used as a defense.

Verb (abbreviation of verb) determines the time when the plaintiff registered his trademark.

Article 32 of the Trademark Law stipulates that "a trademark that has been used by others and has certain influence shall not be registered in advance by improper means". If you run a brand for a long time, for some reason, you ignore the brand's trademark.