1. What should a self-employed person do if he is sued for trademark infringement?

The plaintiff in a trademark infringement lawsuit should be the owner or interested party of the registered trademark. If the plaintiff is not the owner or interested party of the registered trademark, the defendant may raise an unqualified defense against the plaintiff. The statute of limitations for infringement of the exclusive right to use a registered trademark is two years, starting from the day the trademark registrant or interested party becomes aware of the infringement. If the trademark registrant or interested party files a lawsuit more than two years ago and the infringement continues during the lawsuit, the people's court should make a judgment against the defendant to stop the infringement within the validity period of the exclusive right to use the registered trademark.

The defenses for non-compensation for infringement include:

1. Defense of non-use of the registered trademark

The owner of the exclusive right to the registered trademark cannot prove that the trademark has actually been used within the previous three years. If a registered trademark cannot be proven to cause other losses due to infringement, the accused infringer will not be liable for compensation.

2. Legitimate source defense

If you sell goods that you do not know infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.

2. What situations constitute infringement of trademark rights?

Any of the following acts is an infringement of the exclusive right to register a trademark:

1. Infringement of trademark rights without the use of trademarks Using a trademark that is the same as its registered trademark on the same kind of goods without the permission of the trademark registrant;

2. Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or Using a trademark that is the same as or similar to its registered trademark on similar goods, which may easily lead to confusion;

3. Selling goods that infringe the exclusive rights of registered trademarks;

4. Counterfeiting or unauthorized use Producing other people’s registered trademarks or selling counterfeit or unauthorized registered trademarks;

5. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market; < /p>

6. Intentionally providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

7. Causing other damage to others’ exclusive rights to registered trademarks .

To sum up, if a self-employed person is sued for trademark infringement by others during the use of a trademark, as a defendant, he should prepare evidence that is favorable to him to actively respond to the lawsuit and put forward his own defense opinions in court. Self-employed individuals can respond to the lawsuit themselves or hire a lawyer. In their defense statement, it is important to state the fact that they have not caused trademark infringement.