What are the defenses for trademark infringement?
The defenses of trademark infringement mainly include: one of the defenses of trademark infringement, the defense of rational use 1, the common name, figure and model of the goods contained in the registered trademark, or the place names that directly indicate the characteristics of the quality, main raw materials, functions, uses, weight and quantity of the goods, or the place names contained therein, and the exclusive right holder of the registered trademark has no right to prohibit others from using them properly. 2. The exclusive right holder of a registered trademark with a three-dimensional mark has no right to prohibit others from properly using the shape of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value. 3. Before the trademark registrant applies for a trademark, if someone else has used a trademark that is the same as or similar to the trademark registrant and has certain influence, the exclusive right to use 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. The second defense of trademark infringement, the defense of infringement without compensation 1, and the defense of registered trademark is not used. Where the exclusive right to use a registered trademark claims compensation, and the defendant infringes upon the claim that the exclusive right to use a registered trademark has not used the registered trademark, the people's court may require the exclusive right to use a registered trademark to provide evidence of the actual use of the registered trademark in the previous three years. If the owner of the exclusive right to use a registered trademark cannot prove that the registered trademark has actually been used in the previous three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation. 2. Legal source defends the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier, and will not be liable for compensation. Conditions for the seller's legitimate source defense: (1) The following factors can be considered to determine whether the goods sold by the seller are goods that infringe the exclusive right to use a registered trademark: the popularity of the registered trademark, the business scale of the seller, and the purchase price of the goods sold. (2) The following factors can be considered to determine whether it is legally obtained: there is a purchase contract signed between the supplier and the supplier, which has been verified to be truly fulfilled, there is a legal purchase invoice, the items recorded in the invoice correspond to the goods involved, there is a supply list and payment receipt legally signed by the supplier, and the goods are obtained at a reasonable consideration after verification or recognition by the supplier. (3) Description of the supplier The seller shall specify the name of the supplier or the verifiable enterprise name, address and contact information. To sum up, some trademark registrants may sue each other for fear that their interests will be damaged when they face similar trademarks in the market. However, as the defendant, the company wants to prove that there is no so-called trademark infringement. Most of the defense reasons are that its trademark is exclusive or it is unaware of the registered trademark.