1. What if someone sues me for trademark infringement? What if trademark infringement is sued?
First, determine whether the plaintiff is qualified. The plaintiff in a trademark infringement lawsuit shall be the owner or interested party of a registered trademark.
Secondly, see if the statute of limitations has passed. The limitation of action 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) the infringement. If it is found that the statute of limitations is exceeded, it can be used as a defense.
Third, confirm whether to use it first. The Trademark Law stipulates that before a trademark registrant applies for trademark registration, if another person has used a trademark that is the same as or similar to the registered trademark and has certain influence before the trademark registrant, the exclusive right holder of 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 him to attach an appropriate distinguishing mark. You can also make a common name defense. The Trademark Law stipulates that the exclusive right holder of a registered trademark has no right to prohibit others from properly using the common name, figure and model of the goods contained in the registered trademark, or directly indicate the quality, main raw materials, functions, uses, weights, quantities and other characteristics of the goods, or the place names contained therein. Finally, you can also use the defense strategy of retreating three. The Trademark Law stipulates that any unit or individual may apply to the Trademark Office for cancellation if a registered trademark becomes the common name of a commodity approved for use by it or has not been used for three consecutive years without justifiable reasons. If it is found that the trademark owner has not used it for more than three years, it can be defended accordingly.
Second, what are the cases of trademark infringement?
What are the cases of trademark infringement? One of the following acts constitutes trademark infringement: (1) using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant, which may cause confusion; (2) selling goods that infringe the registered trademark right; (3) Forging or making without authorization a trademark logo identical or similar to the registered trademark logo of others, or selling a trademark logo identical or similar to the registered trademark logo of others that is forged or made without authorization; (four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (5) It is misleading to use marks identical with or similar to other people's registered trademarks as commodity names or commodity decorations on identical or similar commodities; (6) Deliberately providing convenient conditions such as storage, transportation, mailing, concealment, processing, production tools, production technology or business premises for infringing upon the trademark rights of others;
Frequently asked questions: trademark rejection review process
How to deal with trademark infringement is briefly introduced to you here. If your situation is complicated, Intellectual Property also provides 24-hour online customer service consultation service. You are welcome to consult about trademark infringement.
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