What should you pay attention to when litigating trademark infringement?

What should we pay attention to when litigating Trademark infringement? Regarding this issue, the editor of Legal Savior Network has compiled some information on this issue for you. If you want to know what you should pay attention to in trademark infringement litigation, please follow the editor of Legal Savior Network and read it together.

What should we pay attention to in trademark infringement litigation

The first question is among trademark infringement litigants, if the defendant If the defendant believes that the plaintiff's registered trademark is defective during the authorization process, or that the plaintiff's registered trademark should be revoked, the defendant can request the court that accepts infringement cases to terminate the trial of the infringement case.

There are many reasons for a trademark to be revoked, such as registering a trademark that should not be used as a trademark, or the trademark registration infringes upon the legitimate prior rights of others, or Preemptively registering a trademark that has been used by others before and has certain influence. If an individual or company, as a defendant, believes that the plaintiff's trademark should be revoked, he or she can request the court to terminate the trademark infringement lawsuit during the defense, and at the same time request the Trademark Review and Adjudication Board to cancel the plaintiff's registered trademark.

The second issue is that in trademark infringement litigation, another defense for the accused infringer is fair use. What is fair use? Let’s first take a look at the relevant provisions of the Trademark Law. If a registered trademark contains the common name, graphics, model of the product, or directly indicates the quality, main raw materials, weight, quantity, etc. of the product, the registered trademark is People cannot use it exclusively. In this case, if the alleged infringer uses these elements in the packaging and decoration of his own products, it is a fair use and the actions of the alleged infringer do not constitute infringement.

There are other issues that should be paid attention to in infringement litigation. For example, in an infringement lawsuit, the accused infringer can use the prior rights defense. For example, if an operator uses an unregistered trademark and becomes a defendant, and the plaintiff's trademark is registered and accuses the defendant of infringement, the alleged infringer can claim that he was exercising prior rights.

The above is the relevant content compiled by the editor for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.