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How to respond to a trademark infringement letter in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed guide on how to respond to a trademark infringement letter in China. This article will discuss how to defend against claims of trademark infringement, the evidence needed to support these defenses, and the expertise of Michael Xu's legal team in trademark infringement legal services.

I. How to Defend Against Claims of Trademark Infringement in China

Trademark Similarity

1. Highlight Differences: Clearly illustrate the differences between the accused trademark and the plaintiff's trademark, emphasizing visual, phonetic, and conceptual distinctions.

2. Consumer Perception: Provide evidence showing that ordinary consumers would not confuse the two trademarks or assume they originate from the same source.

Scope of Trademark Use

1. Goods or Services Classification: Demonstrate that the accused trademark is used on goods or services that are different from those covered by the plaintiff's trademark registration, avoiding confusion.

2. Actual Use: Provide evidence showing that the actual use of the accused trademark does not overlap with the scope of the plaintiff's trademark.

Prior Rights

1. Prior Use: Provide evidence that the accused trademark was used in the market before the plaintiff's trademark application, with significant influence.

2. Prior Registration: If the accused trademark is registered in other countries or regions, it can serve as a defense.

Legitimate Source

1. Proof of Trademark Origin: Provide proof of the legitimate origin of the accused trademark, showing it was legally registered and used.

2. Good Faith Use: Explain that the use of the accused trademark was in good faith, not intended to infringe on the plaintiff's rights.

II. Evidence Needed to Support These Defenses

 

Evidence of Trademark Differences

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

2. Expert Opinions: Obtain expert opinions from trademark professionals explaining the distinctions.

Evidence of Goods or Services Classification

1. Trademark Registration Certificates: Provide the registration certificates of both the accused trademark and the plaintiff's trademark to show they apply to different goods or services.

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

Evidence of Prior Rights

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

2. Registration Certificates: Provide registration certificates of the accused trademark in other countries or regions to prove prior registration rights.

Evidence of Legitimate Source

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

2. Usage Records: Provide 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.

 


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Contact: Michael Xu

Phone: 13917219966

E-mail: xbtlawyer@outlook.com.com

Whatsapp:+86 139 1721 9966

Add: No.425 ,Yishan Rd,Xuhui District,Shanghai