1. What should I do if I receive a summons for trademark infringement from the court?
Upon receipt of a court summons, the parties concerned shall actively appear in court to hear the case. If he does not appear in court, the court may make a default judgment, and the judgment result is unfavorable to the defendant.
People's Republic of China (PRC) Civil Procedure Law
Article 109 If a people's court refuses to appear in court twice without justifiable reasons after being summoned, it may compel the defendant to appear in court.
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Second, how long is the statute of limitations for trademark infringement?
Limitation of action refers to the system that the obligee whose civil rights have been infringed fails to exercise his rights within the statutory limitation period, and loses the right to request the people's court to compel the obligor to perform his obligations according to the litigation procedure when the limitation period expires. Generally speaking, the limitation of action means that the obligee should request the people's court to protect his legitimate rights and interests within the effective period stipulated by law after his rights are infringed; A lawsuit brought to a people's court beyond the validity period prescribed by law shall not be protected by law.
The limitation of action for infringement of the exclusive right to use a registered trademark is two years, counting from the date when the trademark registrant or interested party knows or should know about the infringement. Where a trademark registrant or interested party files a lawsuit for more than two years, and the infringement continues when the lawsuit is filed, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use a registered trademark, and the amount of compensation for infringement damages shall be calculated forward for two years from the date when the obligee files a lawsuit with the people's court.
In addition, according to the statute of limitations law, the statute of limitations is calculated from the time when you know or should know that your rights have been violated. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action.
Trademark infringement is an act. If both parties can't reach an agreement on civil compensation or tort liability, they can choose litigation to solve it. For the defendant, it is not necessary to be too nervous to receive a summons from the people's court, but to actively participate in litigation activities and submit evidence.