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Can discontinued products be exempted from trademark infringement?

No. The law strictly stipulates the exemption reasons for special torts, and the exemption reasons usually include force majeure and intentional intention of the victim. In addition, the victim's fault, the third party's fault, the infringer's lack of fault or the fulfillment of legal obligations may also become exemption reasons based on special provisions. Article 64 of the Trademark Law: Exemption from Disputes in Trademark Infringement Disputes: If the owner of the exclusive right to a registered trademark requests compensation, and the alleged infringer files a defense on the grounds that the owner of the exclusive right to use the registered trademark has not used the registered trademark, the People's Court may request the exclusive right to use the registered trademark. The person must 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. Article 26 of the Tort Liability Law of the People's Republic of China: If the infringed party is also at fault for the occurrence of the damage, the liability of the tortfeasor may be reduced.