Legal analysis: The court hearing will not be interrupted on the spot. The court will verify the evidence of both parties and take reasonable measures based on the court records. In judicial practice, the court needs to verify the application of one party, and analyze and judge based on the implementation situation, the result will affect subsequent court hearings and judgment results.

Legal basis: "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates in more detail the situations related to the suspension of trials in patent infringement litigation, and there are no differences in approaches in judicial practice. big. However, there are no relevant provisions on the suspension of trials in trademark infringement lawsuits. Most of the time, Article 150 of the Civil Procedure Law is cited, which states that "this case must be based on the trial results of another case, and the other case must be based on the trial results." The case has not yet been concluded." In judicial practice, courts at all levels have large differences in their understanding of whether the defendant's declaration of invalidity against the trademark rights claimed by the plaintiff falls within the aforementioned circumstances stipulated in the Civil Procedure Law in trademark infringement proceedings. Courts that believe this does so will suspend the trial. In cases of infringement, courts that believe it does not belong will continue to hear the infringement cases. The Supreme Court has never issued an effective ruling on such a case.

: Article 57 of the "Trademark Law" stipulates in more detail the specific forms of trademark infringement. It can be simply understood as a situation that meets the formal requirements for trademark infringement. According to the formal requirements for trademark infringement, content, the situations that do not meet the formal requirements for trademark infringement can be summarized into the following categories:

1. The alleged infringing trademark is not the same or similar trademark as the basic trademark

According to the "Trademark Article 56 of the Law stipulates that the exclusive right to register a trademark is limited to the trademark that has been approved for registration. If the trademark logo accused of infringement is neither identical nor similar to the basic trademark logo as far as the logo itself is concerned, then whether the basic trademark is ultimately maintained for registration or declared invalid, it will not affect the conclusion of non-infringement.

2. The goods or services used in the alleged infringing trademark are not identical or similar to the goods or services approved for registration of the basic trademark

According to Article 56 of the Trademark Law, The exclusive right of a registered trademark is limited to the goods approved for use. If the goods or services used by the trademark accused of infringement are neither identical nor similar to the goods or services approved for use by the basic trademark, then whether the basic trademark is ultimately maintained or declared invalid, it will not affect the conclusion of non-infringement. , unless the basic rights trademark has reached the level of a well-known trademark as stipulated in Article 13 of the Trademark Law.

3. The use of the alleged infringing trademark is fair use

The main legal basis for fair use that does not constitute trademark infringement is Article 59 of the Trademark Law. Paragraph 1 of Article 1 stipulates: If a registered trademark contains the common name, graphics, model of the product, or directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product, or contains a place name, the registered trademark shall be used exclusively The rights holder has no right to prohibit others from using it properly.

4. The use of the alleged infringing trademark is non-trademark use

The concept of trademark use comes from Article 48 of the Trademark Law, which stipulates: This Law The so-called use of trademarks refers to the act of using trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or using trademarks in advertising, exhibitions, and other commercial activities to identify the source of commodities. If the trademark accused of infringement does not have the function of identifying the source of goods, it does not belong to trademark use (for example, the act of attaching trademark signs to products in China during foreign-related OEM processing), then no matter whether the basic trademark is ultimately maintained, Whether it is declared invalid or not will not affect the conclusion of non-infringement, and naturally there is no need to suspend the litigation.