What are the forms of defense against infringement of trademark exclusive rights
The plaintiff’s litigation subject is not qualified to defend
According to the "Several Issues of the Supreme People's Court on the Application of Law in the Trial of Trademark Civil Disputes" According to the provisions of the Interpretation of the Trademark Infringement Lawsuit, the plaintiff in a trademark infringement lawsuit shall be the owner or interested party of the registered trademark. Interested parties include the licensee of the registered trademark use license contract, the legal successor of the registered trademark property rights, etc. When the exclusive right to use a registered trademark is infringed, the licensee of the exclusive use license contract may file a lawsuit with the People's Court; the licensee of the exclusive use license contract may file a lawsuit jointly with the trademark registrant, or if the trademark registrant does not file a lawsuit. Under certain circumstances, the party may initiate a lawsuit on its own; the licensee of a general license contract may file a lawsuit if expressly authorized by the trademark registrant. Therefore, the plaintiff's subject should comply with the above provisions. If the plaintiff does not meet the above provisions, the defendant can raise the defense that the plaintiff's subject of litigation is unqualified.
Non-identical and non-similar defense
According to the provisions of the Trademark Law, without the permission of the trademark registrant, the same kind of goods orUsing an identical or similar trademark to its registered trademark on similar goods; selling goods that infringe the exclusive rights of a registered trademark; changing a registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market; counterfeiting, Making other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks; causing other damage to others’ exclusive rights to registered trademarks; the above behaviors are all infringements of the exclusive rights to registered trademarks. Therefore, the defendant should base its defense on the plaintiff’s specific claims. Here, we only use the claim of using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant as an example.
The defense of trademark rights consists of the above two forms, When we are at the edge of the kang, we must see clearly which kind of defense we are carrying out, so as not to cause unnecessary trouble and damage our own interests! The above is the relevant knowledge that the editor of Legal Savior Network found for everyone on the Internet. , I hope it can help everyone! If you have any questions, please feel free to consult a lawyer on this website.
