If a trademark is invalid or accused of infringement, you need to pay compensation. For those trademarks that are models or are not independently completed by employees of the company, they may be sued even after the registration is successful. At this time, If the judicial authority determines after review that the behavior committed by others infringes upon the company's trademark rights, the infringer will definitely be sentenced to pay compensation.

1. Do you need to pay compensation if your trademark is invalid and accused of infringement? If your trademark is invalid and accused of infringement, you need to pay compensation. 1. According to the provisions of the Trademark Law and the Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks, the plaintiff in a trademark infringement lawsuit shall be the owner or interested party of the registered trademark. Therefore, the subject of the plaintiff should comply with the above provisions. If the plaintiff is not the owner or interested party of the registered trademark, the defendant can raise the defense that the plaintiff is not qualified as the subject of the lawsuit. 2. Whether the statute of limitations has expired. The statute of limitations for infringement of the exclusive right to use a registered trademark is 2 years, starting from the date when the trademark registrant or interested owner knows (or should know) about the infringement. If the trademark registrant or interested party files a lawsuit more than 2 years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined from the right holder. The calculation is calculated forward two years from the date of filing the lawsuit in the People's Court. If it is found that the statute of limitations has expired, you can file a defense on this ground. 3. The strategies are neither the same nor similar. According to Article 57 of the Trademark Law: Use a trademark that is the same as its registered trademark on the same kind of goods; use a trademark that is similar to its registered trademark on the same kind of goods, or use the same or identical trademark as its registered trademark on similar goods. Similar trademarks that are likely to cause confusion; selling goods that infringe the exclusive rights of registered trademarks; forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; changing the registered trademark without the consent of the trademark registrant. and puts the goods with the changed trademark back into the market; intentionally provides facilities for infringement of the exclusive rights of others' trademarks, helps others to carry out infringements of the exclusive rights of trademarks; causes other damage to others' exclusive rights of registered trademarks. 4. Whether it was used first. Article 59 of the Trademark Law stipulates that before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same or similar goods before the trademark registrant, the registered trademark shall The owner of the exclusive right has no right to prohibit the user from continuing to use the trademark within the original scope of use, but can require the user to attach appropriate distinguishing marks. If it can be proven that the use is limited to the registered right holder, the defense can be successful. 5. Common name defense Article 59 of the "Trademark Law" The registered trademark contains the common name, graphics, and model of the product, or directly represents the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product, or The holder of the exclusive right to a registered trademark has no right to prohibit others from using the place name contained therein. Therefore, if a trademark is the common name of goods and is not distinctive, even if it is registered, the common name defense can still be considered. 6. Cancellation of Three Defense Strategies Article 49 of the Trademark Law stipulates that if a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the trademark. Registered trademark. Therefore, if it is found that the trademark owner has not used it for more than three years, he can defend himself accordingly.

2. Four elements of trademark infringement: If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks: 1) There must be an illegal act, that is, the perpetrator has committed The act of selling counterfeit registered trademark goods. 2) There must be a fact of damage, which means that the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage. 3) The illegal perpetrator is subjectively at fault, which means that the perpetrator already knew or should have known that the goods sold were goods with counterfeit registered trademarks. 4) There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

Regardless of whether you are an individual or a business unit, if you find that your trademark has been infringed, you can file a lawsuit with the judicial authorities. However, when suing trademark infringement cases, relevant evidence must be provided. If the evidence is insufficient, the case can be reported to the public security agency first, and you must not rashly sue others for infringement of trademark rights.