Both can be sued; There are three basic steps in the process of identifying infringement of registered trademark rights: 1, and determining the scope of the right to exclusive use of registered trademarks. The scope of the exclusive right to use a registered trademark is the basic basis for identifying trademark infringement. All the factors considered in judging whether trademark infringement can be identified or claimed are all around the right scope of the exclusive right to use a registered trademark. According to Article 51 of China's Trademark Law: "The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use." Obviously, judging from this provision, the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the registered trademark; The second is the goods approved for use by registered trademarks. The combination of the two constitutes the right scope of the exclusive right to use a registered trademark, and also determines the standard for comparing trademark infringement with the accused infringing object, so as to draw the conclusion whether it constitutes infringement. 2. Determine the specific object of the alleged infringement. The determination of the object accused of infringement is determined by two factors, one is the trademark accused of infringement, and the other is the goods used by the trademark accused of infringement. The significance of determining the specific object of the alleged infringement lies in determining and solidifying the carrier of the alleged infringement, which lays a solid foundation for the next comparison with the scope of trademark protection. It is as important as determining the right scope of the exclusive right to use a registered trademark, and it is another comparative object to identify trademark infringement. 3. Compare the accused infringing object with the registered trademark and the goods approved for use by the registered trademark to determine whether the accused infringing trademark is the same or similar, and whether the goods used by the accused infringing trademark belong to the same category or similar to the goods approved for use by the registered trademark. Only through the three basic steps of identifying infringement, especially comparing the accused infringing object with the registered trademark and the goods approved by the registered trademark, can we determine whether it constitutes trademark infringement. A registered trademark before it is revoked shall be protected. The exclusive right to use a trademark is produced through registration, and has gone through legal procedures and strict examination. Therefore, after the establishment of the exclusive right to use a trademark, before it is revoked, even if it is considered that the trademark is improperly registered, it should be protected within the scope of law. According to Article 36 of the Regulations for the Implementation of the Trademark Law, the decision or ruling to revoke a registered trademark shall not be retroactive to the decision made and executed by the administrative department for industry and commerce before the revocation. After the expiration of the registered trademark, within the grace period of six months stipulated by law, if the owner of the original registered trademark has not applied for renewal, or the application for renewal has been rejected, the use of the same or similar trademark by others during this period does not constitute trademark infringement; The owner of the original registered trademark applied for renewal and was approved, and others used the same or similar trademark during this period, which constituted trademark infringement. To sum up, trademark infringement by others can be solved through prosecution, but the object of prosecution must be determined when dealing with it. As long as both parties are responsible, they can sue. Therefore, handling a case has its legal basis and must be carried out in accordance with the process.

Legal objectivity:

Article 57 of the Trademark Law commits any of the following acts, which are all violations of the exclusive right to use a registered trademark: (1) using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark.