Legal analysis: If the trademark is not used, the alleged infringer’s behavior constitutes infringement, but he will not be liable for compensation.

Legal basis: Article 64, Paragraph 1, of the Trademark Law of the People's Republic of China. The owner of the exclusive right to a registered trademark requests compensation. The alleged infringer claims that the owner of the exclusive right to the registered trademark has not used the registration. If a trademark lodges a defense, the People's Court may require the owner of the exclusive right to a registered trademark to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.