Legal analysis: First determine whether the plaintiff is qualified. The plaintiff in a trademark infringement lawsuit should be the owner or interested party of the registered trademark

Secondly, check whether the statute of limitations has expired. The statute of limitations for infringement of the exclusive right to use a registered trademark is three years, starting from the date when the trademark registrant or interested owner knows (or should know) about the infringement. If it is found that the statute of limitations has expired, this can be used as a defense.

Third, confirm whether it has been used before. The Trademark Law stipulates that before a trademark registrant applies for trademark registration, 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 holder of the exclusive right to the registered trademark has no right The user is prohibited from continuing to use the trademark within the original scope of use, but may be required to attach appropriate distinguishing marks. Finally, you can also use the withdrawal defense strategy. The "Trademark Law" stipulates that if a registered trademark becomes the common name of the goods it is approved to use or has not been used for three consecutive years without justifiable reasons; any unit or individual can apply to the Trademark Office to cancel the registered trademark. . If it is found that the trademark owner has not used the trademark for more than three years, he can protest accordingly.

Legal basis: Article 59 of the "Trademark Law of the People's Republic of China", the registered trademark contains the common name, graphics, model of the product; or directly represents the quality, 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.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. If others legitimately cause the trademark registrant to apply for trademark registration, others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant; the owner of the exclusive right to the registered trademark has no right to prohibit such use. The user can continue to use the trademark within the original scope of use, but can require it to attach appropriate distinguishing marks

Warm reminder

The above answer is only based on the current information and my understanding of the law. , please refer to it with caution!

If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with professionals in detail.