Trademark infringement, that is, trademark infringement, refers to the use of an identical or similar trademark to the registered trademark on the same or similar goods without the permission of the trademark owner, or other interference or obstruction of the trademark owner. Any other act that damages the legitimate rights and interests of the trademark owner by using its registered trademark. The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility. The purpose of establishing a trademark prior use defense system is to curb malicious trademark squatting. So, when encountering trademark infringement, how to use the trademark prior use defense to provide evidence? Next, the editor of Bajie Intellectual Property will give you an analysis:

When encountering trademark infringement, how to use the trademark prior use defense to provide evidence?

1. How to use prior use defense to provide evidence for trademark infringement

1. The trademark has been used in practice before the filing date.

This element needs to be compared in time, requiring the actual time of use by the alleged infringer to be before the date of trademark application, not the date of trademark announcement or authorization.

2. It must continue to be used without interruption

The defendant is required to use the product continuously. If it was used for a period of time one year ago and then used again one year later, there will be discontinuity problems. Does not meet the requirements for prior use (use after one year, unless it is still before the trademark application date).

3. Have a certain degree of popularity

It is a legal effect based on continued use. It means that it is used within a certain period of time due to certain sales volume, advertising and other reasons, and has a certain popularity among the relevant public in a certain range:

(1) Used within a certain period of time, within a certain period of time, in Only continuous use within a certain period will have corresponding legal effect, and occasional or multiple uses cannot achieve this;

(2) It has a certain credibility, and the audit report can reflect it before the trademark, sales contract and invoice application date. The output, sales volume or sales revenue of relevant evidence materials; indicating that its output, sales volume, market share and other major economic indicators are at the forefront of the same industry, have strong market competitiveness, and have a wide range of sales areas;

(3) Advertising: including various newspapers, radio and television and other media, brochures, magazines and other publications.

Trademark infringement is not a trivial matter and can easily lead to millions of infringement lawsuits. Business operators should enhance their awareness of trademark protection during the operation process, arrange trademarks in advance, standardize the use of trademarks, and establish a trademark early warning mechanism. When encountering trademark infringement, , don’t worry, have the courage to take up legal weapons to protect your trademark rights! Regarding trademark issues, you are welcome to log in for consultation.