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What are the defense grounds for trademark infringement?

The main defense grounds for trademark infringement include: One of the defense grounds for trademark infringement, fair use defense 1. The registered trademark contains the common name, graphics, model of the product or directly represents the quality or main content of the product. The holder of the exclusive right to a registered trademark has no right to prohibit others from using the raw materials, functions, uses, weight, quantity and other characteristics, or the place names contained therein. 2. The registered trademark owner of a registered trademark has no right to prohibit others from using the shape resulting from the nature of the product itself, the shape of the product required to obtain technical effects, or the shape that makes the product have substantial value. 3. Before the trademark registrant applies for a trademark, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same or similar goods before the trademark registrant, the owner of the exclusive right to the registered trademark has no right to prohibit the user. The trademark can continue to be used within the original scope of use, but it can be required to be attached with appropriate distinguishing marks. The second ground of defense against trademark infringement. Defense of non-compensation for infringement 1. Defense of non-use of registered trademark. If the owner of the exclusive right to the registered trademark requests compensation, and the accused infringer raises a defense on the ground that the owner of the exclusive right to the registered trademark has not used the registered trademark, the People's Court may require registration. The trademark owner shall 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 accused infringer will not be liable for compensation. 2. Legitimate source defense If the seller does not know that the goods infringe the exclusive rights of a registered trademark, and can prove that the goods were obtained legally and explain the supplier, he will not be liable for compensation. The conditions for the seller’s legal source defense: (1) To determine whether the goods it sells are goods that infringe the exclusive rights of a registered trademark, the following factors can be considered: the popularity of the registered trademark, the seller’s business scale, the purchase and sale of the goods for sale price. (2) To determine whether it was obtained legally, the following factors may be considered: There is a purchase contract signed by the supplier and the seller and it has been verified to have been truly fulfilled, there is a legal purchase invoice and the items recorded on the invoice correspond to the goods involved, and there is a legal signature and seal of the supplier The supply list and payment receipt have been verified to be true or approved by the supplier, and the goods have been obtained at a reasonable price. (3) Description of the provider The seller shall state the provider’s name or company name, address, contact information and other verifiable information. To sum up, some registered trademark holders may be worried about harming their own interests when faced with trademarks that are similar to their own on the market, so they sue the other party. However, the company as the defendant wants to prove that there is no so-called trademark infringement. Most of the defenses raised by the defendants are that their trademarks are proprietary or they are unaware of the registered trademarks.