What are four defenses to a trademark infringement claim in China ?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of four defenses to a trademark infringement claim in China. This article will discuss the four defenses to a trademark infringement claim, the evidence needed to support these defenses, and the expertise of Michael Xu's legal team in trademark infringement legal services.

I. Four Defenses to a Trademark Infringement Claim

Trademark Dissimilarity

1. Defense: The accused trademark is significantly different from the plaintiff's trademark in terms of appearance, pronunciation, and meaning, which is not sufficient to cause consumer confusion or misrecognition.

2. Explanation: By comparing the design, color, pronunciation, and meaning of the accused trademark and the plaintiff's trademark in detail, the differences between them can be highlighted.

Trademark Use on Different Goods or Services

1. Defense: The accused trademark is used on completely different goods or services categories from the plaintiff's trademark, which will not cause market confusion.

2. Explanation: It is explained that the goods or services categories to which the accused trademark applies are different from those of the plaintiff's trademark, emphasizing the impossibility of confusion.

Prior Use Rights

1. Defense: The accused trademark was already used in the market before the plaintiff's trademark application and has gained a certain market influence.

2. Explanation: Evidence is provided to prove that the accused trademark was legally used before the plaintiff's trademark and has been recognized and influenced by consumers in the market.

Legitimate Source

1. Defense: The accused trademark was obtained and used through legal means, without infringing the plaintiff's trademark rights.

2. Explanation: It is explained that the accused trademark's source is legitimate and not maliciously registered or used, emphasizing its legality and good faith use.

II. Evidence Needed to Support These Defenses

Evidence of Trademark Dissimilarity

1. Trademark Design Comparison: Comparison charts showing the differences between the accused trademark and the plaintiff's trademark.

2. Expert Opinions: Expert opinions from trademark professionals explaining the distinctions between the two.

Evidence of Trademark Use on Different Goods or Services

1. Trademark Registration Certificates: Registration certificates of both the accused trademark and the plaintiff's trademark, proving they apply to different goods or services categories.

2. Market Survey Reports: Market survey reports demonstrating the different uses and classifications of the accused trademark and the plaintiff's trademark in the market.

Evidence of Prior Use Rights

1. Usage Evidence: Evidence of prior use of the accused trademark before the plaintiff's trademark application, such as sales records, advertising materials, and invoices.

2. Market Influence Evidence: Evidence proving the market influence and recognition of the accused trademark, such as media reports and market survey reports.

Evidence of Legitimate Source

1. Registration Application Documents: Registration application and approval documents of the accused trademark to prove its legal registration.

2. Usage Records: Usage records of the accused trademark to prove its good faith use.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in trademark infringement legal services in China. We are dedicated to providing comprehensive trademark protection and enforcement solutions to help clients effectively safeguard their trademark rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and trademark experts specializing in trademark infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling trademark infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in trademark protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex trademark infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous trademark infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign enterprises can ensure their trademarks are fully protected in China and receive the most professional legal support and solutions when facing trademark infringement issues.