Sanyou held a webinar on "China Trademark Rights Protection Practice"

Recently, Sanyou held a webinar on "China Trademark Rights Protection Practice". The speaker is Hu Xiaoxia, a lawyer in Sanyou’s Legal Department.

The main content of the lecture：
1. Common ways of rights protection against trademark infringement.
Common ways of rights protection against trademark infringement include: sending warning letters, complaints before industrial and commercial departments, civil litigations, customs protection, e-commerce platform complaints, domain name complaints, criminal procedures, and exhibition rights protection. In specific cases, it is necessary to comprehensively consider factors such as the scale of infringement, the results of investigation and evidence collection, the budget for rights protection costs, and the expected rights protection results to decide the most appropriate method of rights protection.

2. Trademark Infringement Judgment Rules.
The premise of determining whether a trademark infringement is constituted is that there must be a trademark use behavior. After determining that the establishment of trademark use, the review goes on determining whether the goods or services used by the alleged infringing party are the same or similar to the classes of goods or services claimed by the right holder, and whether it is easy to cause confusion among relevant public.

3. Review of Trademark Infringement and Defense Grounds.
The review of trademark infringement is mainly divided into the following four steps:
1). Review the subject of trademark rights and the trademark involved.
2). Review on whether the use of the alleged infringing trademark constitutes trademark infringement.
3). Review the grounds of defense.
4). After the establishment of infringement, liabilities shall be determined. Such liabilities may include stopping the infringement, eliminating the impact, civil compensation, administrative penalty etc.

The defenses include: fair use defense and non-compensation defense despite infringement. The fair use defense includes the descriptive use defense and the indicative use defense. Whereas the non-compensation defense despite infringement includes the defense of non-use of the registered trademark and the defense of legal source.