You can apply for counterclaim:

Article 46 of the Civil Procedure Law of the People's Republic of China (for Trial Implementation) promulgated and implemented in p>1982 stipulates: "The defendant has the right to file a counterclaim if he admits or refutes the claim"

Article 19 also stipulates: "The plaintiff increases the claim, and a third party files a claim related to this case.

the content of counterclaim in the civil procedure law promulgated and implemented on April 9, 1991 is the same as that in the trial civil procedure law. As a supplement to the Civil Procedure Law, the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China has made some supplementary provisions on the specific practices of the counterclaim system.

Article 184 stipulates: "In the procedure of second instance, if the plaintiff in the original trial adds an independent claim or the defendant in the original trial files a counterclaim, the people's court of second instance may mediate the newly added claim on the basis of the principle of voluntariness of the parties. If mediation fails, inform the parties to sue separately. "

characteristics of applying for counterclaim

article 1 specificity and duality of parties

because counterclaim is an independent counterclaim made by the defendant of this lawsuit to the plaintiff of this lawsuit, the plaintiff of counterclaim is the defendant of this lawsuit, that is, the party of counterclaim is specific, and the position of counterclaim is dual.

Article 2 The claim is independent

Counterclaim is an independent lawsuit, which has the requirements for the establishment of the lawsuit. Although counterclaim is a counterclaim made by the defendant to the plaintiff in the proceedings of this lawsuit, it does not necessarily depend on this lawsuit. The counterclaim put forward by the defendant has the elements of prosecution, so even if this lawsuit is withdrawn, the counterclaim can exist independently and can be tried and judged by the court as an independent case.

Article 3 The purpose is antagonistic

A counterclaim can make this lawsuit meaningless and annex or offset the plaintiff's claim.

Article 4 The time for counterclaims is limited

There is a strict time limit for filing counterclaims. According to the third paragraph of Article 34 of the Supreme People's Court's regulations on evidence in civil proceedings, it should be submitted before the expiration of the time limit for adducing evidence.

Extended information:

Global Network Comprehensive Report On November 17th, Beijing Chaoyang District People's Court held its first public hearing to hear the case of trademark infringement and unfair competition between Beijing Daoxiang Village (Beidao) and Daoxiang Village Group (Sudao). This trial is the first confrontation between Daoxiang Village of North and South in civil tort litigation.

In court, Beidao sued Su Dao for deliberately taking advantage of Beidao's popularity in a specific regional market, and using "Daoxiang Village" and its trademark similar to Beidao's brand name and trademark as store signs and product logos. Beidao requested the court to order Daoxiangcun Food Group Co., Ltd. to change its enterprise name, and the word "Suzhou" must be added before "Daoxiangcun"; Require Sudao's four stores in Wangfujing and other places in Beijing and its WeChat WeChat official account to stop using the trademarks of "Daoxiang Village with Fan Border" and "Daoxiang Village"; Su Dao is required to compensate for economic losses and reasonable rights protection expenses of 3.5 million.

in response to the allegations made by Beidao, Sudao said that it did not infringe any of its exclusive right to use a registered trademark, nor did it commit any infringement, and requested the court to dismiss all its claims. Su Dao argued that the brand name and commercial logo of "Daoxiang Village" were founded in Guanqian Street, Suzhou in 1773.

according to the basic principles of intellectual property law and the knowledge of protecting prior rights, Sudao has the right to use any form of commercial logo of Daoxiang Village, including fan.

Secondly, as an old Chinese brand, Daoxiang Village enjoys a world-famous reputation, and Beidao's request that the word "Suzhou" should be added before Daoxiang Village has no legal basis and factual basis; Third, "Beijing specialty" does not specifically refer to Daoxiang Village in Beijing, and Sudao's use of the term "Beijing specialty" does not constitute unfair competition for Beidao.

finally, internet e-commerce is a new development of the original sales model. Sudao develops the internet sales model first than Beidao. Beidao does not enjoy any exclusive rights on the internet e-commerce platform and has no right to ban Sudao's reasonable and legal commercial industry.

no verdict was pronounced on the day of the trial. According to public information, Daoxiang Village was founded in Guanqian Street, Suzhou in 1773, and has been operating continuously for 243 years. It is the first batch of Chinese time-honored enterprises certified by China Ministry of Commerce. In 1983, the trademark of "Daoxiang Village" held by Suzhou Daoxiang Village was approved and registered by the State Trademark Office.

Baidu Encyclopedia: counterclaim

Zhongxin. com: Sudao responded to a claim of 3.5 million yuan and said that it would counterclaim Beidao for infringement.