When we are sued by others for trademark infringement, we must analyze the problem. If we do have trademark infringement, it is best to actively cooperate and compensate the other party. If the statute of limitations has expired, usually the We won't have much impact.

1. Whether the subject is qualified.

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. Relevant people. 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, calculated from the date the trademark registrant or interested owner knows (or should know) of 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, this can be used as a defense.

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 it on similar goods. Using a trademark that is the same as or similar to its registered trademark on the Internet, which is likely to cause confusion; selling goods that infringe the exclusive rights of a registered trademark; forging or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks; without trademark registration The person agrees to change his or her registered trademark and put the goods with the changed trademark back into the market; intentionally facilitate the infringement of other people's trademark rights and help others to infringe the exclusive rights of trademarks; cause other consequences to the exclusive rights of others' registered trademarks. damaging.

4. Whether it was used first.

Article 59 of the "Trademark Law" stipulates that before a trademark registrant applies for trademark registration, others have already used the same or similar registered trademark on the same or similar goods before the trademark registrant and have certain similarities. If a trademark is affected, the owner of the exclusive right to a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach an appropriate distinguishing mark. 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, figure, model of the product, or directly represents the quality, main content, or quality of the product. The holder of the exclusive right to a registered trademark has no right to prohibit others from using the raw materials, functions, uses, weight, quantity and other characteristics, or the place names contained therein. Therefore, if a trademark is the common name of goods and is not distinctive, the common name defense can still be considered even if it is registered.

6. Withdrawal of Three Defense Strategies

Article 49 of the "Trademark Law" stipulates that a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons. Any unit or individual may apply to the Trademark Office to cancel the 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.