Current location - Trademark Inquiry Complete Network - Trademark inquiry - What are the exceptions to trademark infringement?
What are the exceptions to trademark infringement?
The exceptions to trademark infringement are as follows: fair use, expiration of trademark protection period, prior rights, etc. Moreover, the aforementioned prior right generally refers to a trademark that conflicts with the legal right obtained by others in advance, and shall not be applied for registration as a registered trademark.

A trademark applied for registration according to Article 9 of the Trademark Law of the People's Republic of China

shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.

a trademark registrant has the right to indicate a "registered trademark" or a registration mark.

article 64

if the exclusive right to use a registered trademark claims compensation, and the accused infringer pleads against the exclusive right to use a registered trademark, the people's court may require the exclusive right to use a registered trademark to provide evidence of the actual use of the registered trademark in the previous three years. If the owner of the exclusive right to use a registered trademark cannot prove that the registered trademark has actually been used in the previous three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.

anyone who sells a commodity that he doesn't know is an infringement of the exclusive right to use a registered trademark and can prove that the commodity was legally obtained by himself and explain the supplier shall not be liable for compensation.