Current location - Trademark Inquiry Complete Network - Trademark registration - How long can you sue for trademark infringement?
How long can you sue for trademark infringement?
The limitation of action for trademark infringement is three years. It shall be counted from the date when the trademark registrant or interested party knows or should know that the right has been damaged and the obligor knows. However, if a lawsuit is filed for more than three years and the infringement still occurs, within the validity period of the trademark right, the court may be requested to order the actor to stop the infringement, and the amount of damages shall be counted forward for three years from the date when the obligee files a lawsuit with the people's court.

legal ground

Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes.

The limitation period for infringement of the exclusive right to use a registered trademark is three years, counting from the date when the trademark registrant or interested party knows or should know that the right has been infringed. If the trademark registrant or interested party files a lawsuit for more than three years, and the infringement is still going on when the lawsuit is filed, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use a registered trademark, and the amount of infringement damages shall be counted forward for three years from the date when the obligee files a lawsuit with the people's court.