1, common name defense of registered trademark or unregistered trademark
If a trademark is a common name of a commodity and is widely used, the Trademark Review and Adjudication Board may be requested to revoke the plaintiff's trademark through trademark disputes. As a part of a trademark, a generic name is properly used by anyone.
2. Defense of exclusive right to use registered trademark of drug name
Drug names are also registered trademarks. If others use the drug name on drugs without the permission of the trademark registrant, it does not constitute trademark infringement, provided that the drug name approved for filing cannot be highlighted. The reasons are as follows: First, the conflict between drug name and drug registered trademark is caused by the disharmony between drug management system and trademark registration system in China. As a party, there is no subjective fault.
3. Rational use of enterprise names and Chinese time-honored brands.
Trademarks and enterprise names belong to the category of business marks, but they belong to different legal protection and adjustment categories. Should be handled in accordance with the principles of honesty, fairness, balance of interests and protection of prior rights, whether there is confusion among consumers and the popularity of infringed trademarks.
If the name of the enterprise is not used significantly, causing no market confusion, and the manufacturer and address are clearly marked, it will not be treated as trademark infringement. In particular, if the parties have no malice in the conflict of rights between registered trademarks and enterprise names caused by historical reasons, they should solve the conflict fairly and reasonably according to the specific circumstances of the case, taking into account historical factors and the current situation of use, and should not simply be identified as trademark infringement or unfair competition; For disputes over commercial logos such as time-honored brands with clear ownership, we should respect history and maintain the established legal order. The font size, enterprise or enterprise name abbreviation in the enterprise name that has certain market popularity, is well known to the relevant public and actually plays the role of a trade name shall be regarded as the enterprise name and protected to stop unfair competition. If the use of the enterprise name constitutes infringement of trademark rights, it may be ordered to stop using the enterprise name according to the specific circumstances of the case, or the way and scope of using the enterprise name may be restricted. Generally speaking, the plaintiff requests to cancel or change the name of the defendant's enterprise on the grounds of trademark infringement or unfair competition. If the enterprise name has been used continuously for more than many years and has market stability, it should not be revoked.
4. Other rationality and correct use of registered trademarks.
As long as it conforms to the fair use stipulated in the trademark law, it can be used as a defense. For example, Article 10 of China's Trademark Law stipulates that place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, unless the place name has other meaning, the registered trademark using the place name will remain valid. This article allows the registration of a trademark with a second meaning and a name above the county level, such as the "Red River" trademark. But in fact, it limits some rights of trademark owners, that is, the reasonable use of registered trademarks as place names in other people's goods. At the same time, the value of the trademark can be divided into the symbolic value of the trademark as a text and the logo itself, and the differential value added by the operator to establish the connection between the trademark and the commodity and the commodity producer through business activities. The scope of prohibiting the exclusive right to use a trademark should exclude the basic symbol value of the trademark of the legitimate use of the trademark owner.
Generally speaking, the defender's proper use of trademarks should meet the following conditions: the defender is subjectively kind, and only uses the goods as descriptions and representations, not as trademarks or packaging and decoration, which will not cause confusion or misunderstanding among the relevant public. All these require the defendant to explain and prove.
First, how can a registered trademark be used by others?
Both parties must sign a trademark license contract and go through the filing formalities within the prescribed time limit.
From the content point of view, a trademark registrant enjoys all kinds of rights protected by national laws within the statutory time limit, including exclusive right, prohibition right, license right, transfer right, renewal right and labeling right, among which exclusive right is the most important right, and other rights are derived from this right.
Trademark license refers to the trademark owner's right to license others to use his registered trademark by signing a trademark license contract.
Trademark transfer right refers to the right enjoyed by trademark owners to transfer their registered trademarks to others in accordance with the procedures and conditions prescribed by law.
Therefore, registered trademarks can be used by others.
Second, what are the reasons for the defense of private lending by the prosecution court?
1. There are other basic legal relations in the defendant's defense.
The defendant argued that the loan had been repaid, that is, the creditor's right had been generated, but it was extinguished due to liquidation.
3. The defendant argued that the borrowing behavior did not actually happen and could make a reasonable explanation.
4. The defendant argued that the plaintiff's funds were transferred to repay the previous loans or other debts of both parties.
5. The effective defense put forward by the defendant includes the defense that the contract did not take effect and the contract was invalid because it was illegal.
Legal basis:
People's Republic of China (PRC) Trademark Law Article 2 The Trademark Office of the State Council Administration for Industry and Commerce shall be in charge of the administration of trademark registration throughout the country, and the Trademark Review and Adjudication Board of the State Council Administration for Industry and Commerce shall be established to handle trademark disputes.