1. How to deal with being sued for trademark infringement
1. If a party is sued for trademark infringement, the parties can handle it according to the following situations:
(1). A statement of defense can be issued during the defense period to refute the lawsuit claims of the person suing;
(2) The parties can entrust a lawyer as their agent to safeguard their legitimate rights and interests.
2. Legal basis: Article 61 and 128 of the "Civil Procedure Law of the People's Republic of China"
2. How to determine trademark infringement
1. There must be illegal behavior, which means that the perpetrator has sold 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 offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are 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.