Legal analysis:

1. Common name defense against registered trademarks or unregistered trademarks

If the trademark is a common name of goods by convention, and the geographical scope of use Widely, you can request the Trademark Review and Adjudication Board to revoke the plaintiff’s trademark through trademark disputes. A common name that is part of a trademark constitutes fair use by anyone.

2. Drug name’s defense against exclusive rights to registered trademarks

A drug name is also a registered trademark. If others use the drug name on drugs without the permission of the trademark registrant, It does not constitute trademark infringement, but the premise is that the name of the drug registered for the approval cannot be prominently used. The reasons are: first, the conflict between the drug name and the registered drug trademark is caused by the incoordination between my country's drug management system and the trademark registration system. As a party concerned, there is no subjective fault. Second, allowing drug names to be registered as trademarks will cause drug manufacturers to have a monopoly on the drugs, which is unfair and detrimental to economic development and social progress.

3. Fair use of prior corporate names and Chinese time-honored brands

Trademarks and corporate names both belong to the category of commercial signs, but fall under different legal protection and adjustment categories. It should be handled in accordance with the principles of good faith, maintaining fairness, balancing interests and protecting prior rights, whether it will cause consumer confusion, and the popularity of the infringed trademark.

If the company name is not used prominently, does not cause market confusion, and the manufacturer and address are clearly marked, it should not be treated as a trademark infringement. Especially for conflicts of rights between registered trademarks and business names caused by historical reasons, if the parties involved do not have bad intentions, they should resolve the conflict fairly and reasonably based on the specific circumstances of the case, taking into account historical factors and the current use situation. It is not appropriate to simply determine It constitutes trademark infringement or unfair competition; for disputes over commercial logos such as time-honored brands whose ownership has been clear, history must be respected and the established legal order must be maintained. The trade name, company or abbreviation of the company name in the name of a company that has a certain market reputation, is well-known to the relevant public, and has actually functioned as a trade name, shall be regarded as a company name and shall be protected against unfair competition. If the use of a company name constitutes infringement of trademark rights, the company may be ordered to stop using the company name based on the specific circumstances of the case, or the use method and scope of use of the company name may be restricted. Regarding the plaintiff's request to revoke or change the defendant's corporate name on the grounds of trademark infringement or unfair competition, generally speaking, if the corporate trade name has been used continuously for more than many years, it has market stability and is generally not suitable for cancellation.

4. Other reasonable and fair uses of registered trademarks.

As long as it complies with the fair use stipulated in the Trademark Law of the People's Republic of China, it can be used as a defense reason. For example, Article 10 of the Trademark Law of the People's Republic of China 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 meanings, the registered trademark using the place name will continue to be valid. This article allows the registration of trademarks with secondary meanings containing place names above the county level, such as the "Honghe" trademark. But it actually limits some rights of the trademark owner, that is, the registered trademark can be used reasonably as a place name on other people's products. At the same time, the value of the trademark can be divided into the symbolic value of the trademark as a word, the logo itself, and the operator's business behavior. Additional distinguishing value that establishes a link between the trademark and the goods and the producer of the goods. The scope of the prohibition right of exclusive trademark rights should exclude those parts that legitimately use the basic symbolic value of the trademark owner's trademark.

Legal basis:

"The People's Republic of China and the Civil Code"

Article 120: If the civil rights and interests are infringed, the infringed party shall The right to request the infringer to bear infringement liability.

Article 183: If one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.

Article 1,167 If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.

Article 1,168 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.