The first one is a non-court summons, but other subjects inform the infringement by e-mail or other forms. In this case, most of them belong to fraud or vicious competition (of course, there may be real infringement). At this time, it is necessary to first identify whether the other party owns the trademark category, and if not, it can be ignored. If there is an infringement, and the other party has not handled it through the court, it is mostly for private purposes, and the enterprise only needs to negotiate patiently.

the second type is court summons. Attention should be paid to trademark infringement cases sued by the court. It is suggested to consult with the obligee's lawyer or find a professional intellectual property lawyer to respond to the lawsuit. Never ignore it. Even if the court does not attend the court session, the judge will try in absentia. If the infringement is established, the infringement compensation will be awarded and enforced. Attention should be paid to:

1. Whether the subject of prosecution is qualified: first, identify whether the plaintiff is the owner of the trademark or a close relationship. If not, you can defend the plaintiff through the court.

second, whether the plaintiff's trademark has been used continuously for three years

third, whether the plaintiff's trademark is a generic name

fourth, judgment of limitation of action: as long as the infringement is ongoing or not more than two years when the obligee files a lawsuit, the law shall protect it. If the statute of limitations exceeds the prescribed period, it can be used as a defense.

V. Determining the time of trademark registration of the plaintiff

Legal basis

Article 32 of the Trademark Law of the People's Republic of China shall not damage the existing prior rights of others, nor shall it preempt the registration of trademarks that have been used by others and have certain influence by unfair means.