First of all, there are two types of lawsuits received:

The first is not a court summons, but a notification of infringement by other parties via email or other forms. When this happens, most cases are fraud or vicious competition (of course, there may also be actual infringement). At this time, you need to first identify whether the other party has ownership of the trademark category. If not, you can ignore it. If there is indeed an infringement and the other party has not dealt with it through the court, it is probably for private purposes and the company only needs to negotiate patiently.

The second type is a court summons. In this case, the prosecution has determined that you have committed infringement and caused a more or less negative impact on the other party. In this case, rights defender Xiaozhi gives you the following suggestions:

1. Whether the subject of the lawsuit is qualified

According to the provisions of the Trademark Law: "The plaintiff in a trademark infringement lawsuit It should 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 Laws in the Trial of Civil Disputes over Trademarks. "So, first identify whether the plaintiff is the holder of the trademark or has a strong relationship with it. If not, you can file a defense against the plaintiff through the courts.

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

According to Article 64 of the Trademark Law: “The owner of the exclusive right to a registered trademark cannot prove that the trademark has actually been used in the previous three years. If a registered trademark cannot prove other losses due to infringement, the alleged infringer will not be liable for compensation. "Therefore, 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 past three years. If the other party does not use it, you have no legal responsibility.

3. Whether the plaintiff’s trademark is a common name

Article 59 of the Trademark Law stipulates: “The registered trademark contains the common name, figure, model number of the product, or If the trademark directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, or the place name it contains, the owner of the registered trademark has no right to prohibit others from using it properly. "So, if the trademark you use is a common name, it does not apply. If it has distinctive characteristics, the other party has no right to prohibit its use.

IV. Judgment of the statute of limitations

The Trademark Law stipulates that within the validity period of the trademark, if the infringement that the right holder has known or should have known about exceeds two years, the right holder shall file a lawsuit again. (including situations where the infringement continues continuously and the infringement is continued after a break of more than two years), as long as the infringement is ongoing or does not exceed two years when the right holder files a lawsuit, the law should protect it. If the statute of limitations exceeds the statute of limitations, it can be used as a defense.

5. Determine the registration time of the plaintiff's trademark

Article 32 of the "Trademark Law" stipulates: "You shall not use unfair means to preemptively register a trademark that is already used by others and has a certain influence." . If you have been operating a brand for a long time, you have neglected to register the brand trademark for some reason