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Trademark infringement, what should the defendant do?
1. What should I do if the defendant infringes the trademark?

The first thing you need to do is to ask yourself whether it really constitutes infringement. According to the standard of trademark infringement.

If it constitutes infringement, you can entrust a lawyer to verify the real quantity of the goods according to law and request a lighter or mitigated punishment. It is suggested to consult or entrust a lawyer as a defender in time, meet with detainees, collect favorable evidence materials, defend according to law, and strive for the best result of lighter and mitigated punishment. The sentencing of the crime of infringing a registered trademark focuses on the amount involved, which needs to be judged according to the specific case.

If it is not a real infringement, then you need to prepare a lot of things and collect relevant evidence, such as the notice of acceptance or trademark registration certificate of the trademark you use, the publicity or advertising materials of your own trademark, and the invoices for goods entering and leaving.

Second, how to calculate trademark infringement

There are three basic steps in the process of identifying or judging the infringement of registered trademark rights:

1, determine the scope of the exclusive right to use a registered trademark. The scope of the exclusive right to use a registered trademark is the basic basis for identifying trademark infringement.

All the factors considered in judging whether trademark infringement can be identified or claimed are all around the right scope of the exclusive right to use a registered trademark. According to Article 51 of China's Trademark Law: "The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use." .

Obviously, judging from this provision, the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use by the registered trademark. The scope is determined by two factors, one is the registered trademark; The second is the goods approved for use by registered trademarks. The combination of the two constitutes the right scope of the exclusive right to use a registered trademark, and also determines the standard for comparing trademark infringement with the accused infringing object, so as to draw the conclusion whether it constitutes infringement.

2. Determine the specific object of the alleged infringement. The determination of the object of alleged infringement depends on two factors:

(1) Trademark is accused of infringement.

(2) the goods used by the trademark accused of infringement

The significance of determining the specific object of the alleged infringement lies in determining and solidifying the carrier of the alleged infringement, which lays a solid foundation for the next comparison with the scope of trademark protection. It is as important as determining the right scope of the exclusive right to use a registered trademark, and it is another comparative object to identify trademark infringement.

3. Compare the accused infringing object with the registered trademark and the goods approved for use by the registered trademark to determine whether the accused infringing trademark is the same or similar, and whether the goods used by the accused infringing trademark belong to the same category or similar to the goods approved for use by the registered trademark.

Only through the three basic steps of identifying infringement, especially comparing the accused infringing object with the registered trademark and the goods approved by the registered trademark, can we determine whether it constitutes trademark infringement.