The defense of non-infringement in trademark infringement cases includes the defense of fair use of trademarks. Among them, the fair use of trademark infringement refers to the act that people other than the trademark owner use the trademark owner's trademark in good faith in the form of descriptive use and indicative use under certain conditions without infringing the exclusive right to use the trademark. Like the fair use system of patent right and copyright, fair use of trademark is an important defense of infringement.

article 17 of the p>《TRIPS agreement stipulates that members may stipulate limited exceptions to trademark rights, such as the fair use of descriptive words, as long as such exceptions take into account the legitimate interests of trademark owners and third parties. This article is a principled provision for the fair use system. Many countries have stipulated the fair use of trademarks: Article 33 of the American Langham Act stipulates the fair use of trademarks, that is, the use of personal names of the parties concerned, or any personal names that have a legitimate interest in the party's place of origin, or the use of nouns or graphics that are descriptive of the party's goods or services or its geographical place of origin, is regarded as fair use. Article L713-6 of the French Intellectual Property Code stipulates that trademark registration does not prevent the use of the same or similar marks under the following circumstances: (1) as a company name, a trade name or a plaque, provided that it should be used before trademark registration, or a third person uses his surname in good faith; (2) explain the purpose of the goods or services, especially the accessories necessary for the purpose of accessories or parts, so as not to confuse their sources. In addition, Article 23 of the German Trademark Law and Article 26 of the Japanese Trademark Law clearly stipulate the fair use of trademarks. Fair use of trademarks

China's regulations on fair use of trademarks are embodied in Article 49 of the Regulations for the Implementation of the Trademark Law, which was implemented in September 22. This article stipulates that the registered trademark contains the common name, figure and model of the commodity, or directly indicates the quality, main raw materials, function, use, weight, quantity and other characteristics of the commodity, or contains a place name, and the exclusive right holder of a registered trademark has no right to prohibit others from using it properly.