How to write a defense for trademark infringement

The general way to write a Trademark infringement defense is as follows: First, the defendant’s name, gender, age, ethnicity, occupation, work unit, residence, and contact information should be recorded; the name, residence, and name of the legal representative or principal person in charge of the legal person or other organization , position, contact information; regarding the question of how to write a defense for trademark infringement, the editor of Legal Savior Network will answer it in detail for you below.

1. How to write a defense for trademark infringement

1. Trademark infringement The general way to write a defense statement is as follows: First, the defendant’s name, gender, age, ethnicity, occupation, work unit, residence, and contact information should be recorded; the name and residence of the legal person or other organization, and the name and position of the legal representative or principal person in charge , contact information; secondly, refute the plaintiff’s claims, and finally raise reasonable doubts on the main evidence provided by the plaintiff.

2. Legal basis: Article 125 of the "Civil Procedure Law of the People's Republic of China" stipulates that the people's court shall file a lawsuit within five days from the date of filing the case. A copy of the complaint shall be sent to the defendant, and the defendant shall file a reply within fifteen days from the date of receipt. The defense statement shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.

2. How to determine trademark infringement? Trademark infringement

1. There must be an illegal act, that is, the perpetrator has committed The act of selling counterfeit registered trademark goods;

2. There must be a fact of damage, which means that the perpetrator's act of selling counterfeit trademark goods has caused the trademark owner consequences of damage. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a cause-and-effect relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

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