If a company is sued for trademark infringement, it should do the following things to respond to the trademark infringement lawsuit:

1. Compare the logo used by the company with the trademark involved in the case, and whether the trademark used by the company is consistent with the registered trademark The person's trademark is identical or similar, and whether the goods for which the enterprise uses the trademark are identical or similar to the goods for which the trademark involved is approved. That is, the comparison of logos and products. The comparison of logos is the comparison of two patterns, which follows the following principles:

(1) Based on the general attention of the relevant public;

(2) Both the overall comparison of the trademark and the comparison of the main parts of the trademark must be carried out;

(3) The comparison should be carried out separately with the comparison objects isolated. You can refer to the "Table of Differentiation of Similar Goods and Services" to determine the similarity of products, but it mainly depends on whether the functions, uses, sales channels, etc. of the two products are the same.

2. Whether the enterprise’s use of the logo has grounds for defense such as prior use and legal source. If the company uses the logo first, it can continue to use it within the original scope, or if the goods used by the company have legal sources and the company has fulfilled its reasonable review obligations, it can also be exempted from compensation.

3. Whether the trademark registrant itself uses the trademark involved. If the trademark registrant himself has never used the trademark involved, since there is no use, there is no loss. The accused company can be exempted from compensation as long as it stops infringement. That’s it.

The compensation for suing for trademark infringement is:

1. Determined based on the actual loss suffered by the right holder due to the infringement;

2. The actual loss is difficult to determine , can be determined based on the benefits obtained by the infringer due to the infringement;

3. If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined with reference to the multiple of the trademark license fee.

To sum up, if you are sued for trademark infringement, the way to respond is to first check whether you have actually infringed on the trademark rights of others. If not, you can collect evidence that you have not committed trademark infringement. Respond to the lawsuit to prove that you have not infringed the law; if you have indeed infringed, you should take the initiative to admit your mistake and bear civil responsibilities such as stopping the infringement, eliminating the impact, and compensating for losses.

Legal basis:

Article 60 of the Trademark Law of the People's Republic of China

Infringements listed in Article 57 of this Law If a dispute arises from one of the acts of registering the exclusive right to use a trademark, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.