Viewpoint | An analysis of the legal logic of trademark non-infringement litigation
Published:
2023-11-23
The purpose of this paper is to analyze the lawsuit of trademark non-infringement, and to explain the legal basis and system application of trademark non-infringement by citing relevant laws and regulations and combining relevant case studies.
The purpose of this paper is to analyze the litigation of trademark non-infringement, and to explain the legal basis and system application of trademark non-infringement litigation by citing the relevant contents of the Civil Procedure Law, the Trademark Law, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases (2020 Amendment) and the Provisions of the Supreme People's Court on Evidence in Civil Litigation of Intellectual Property Rights.
Trademark non-infringement action refers to the non-infringement declaration action brought by the parties because of the dispute over the definition of the scope of legal trademark rights. In the period around 2000, there was a kind of "rights protection" behavior in the market, that is, the trademark owner claimed that the products of a certain manufacturer were infringing products by issuing lawyer letters, warning letters or related news information to agents, sales channels or the public. However, when the sales market of the manufacturer was turbulent, the right holder did not take the next step for a long time. This kind of behavior causes great distress to the person being warned but is helpless. In view of this, China's trademark non-infringement litigation system is based on the relevant experience and practice of other countries, according to the actual needs of our country. In the process of the comprehensive revision of the Trademark Law, the legislator, through the introduction of the trademark non-infringement litigation system, on the one hand, respects and protects the legitimate rights and interests of the trademark owner, on the other hand, it also provides an effective means of trademark dispute resolution for trademark users.
First of all, to confirm the dispute over non-infringement of trademark rights, the jurisdiction of the case should be determined by reference to the jurisdiction of the the People's Republic of China Civil Procedure Law and the relevant judicial interpretations on infringement claims. According to the relevant provisions of Article 29 of the the People's Republic of China Civil Procedure Law and the first paragraph of Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Cases, a civil lawsuit filed for infringement of the exclusive right to use a registered trademark shall be under the jurisdiction of the people's court of the place where the infringement is committed, the place where the infringing goods are stored or seized, and the place where the defendant has his domicile.
The "Trademark Non-Infringement Lawsuit" clearly stipulates that the parties may file a lawsuit in the people's court on whether the use of the trademark infringes the trademark rights of others. According to Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases (2020 Amendment), the people's court shall decide that the claim is established if the following conditions are met: 1. The trademark being sued is legal and valid, and is authorized to use or apply for registration; 2. The plaintiff's use falls within the statutory scope of use of the trademark; 3. The plaintiff can prove that the use of the trademark will not cause confusion; 4. The defendant cannot prove that the plaintiff's use of the trademark constitutes infringement.
Citing the case of Geili Electronics v. Zhenhua Electronic Trademark non-infringement dispute as an example, the Supreme People's Court made a clear explanation for the application of trademark non-infringement claims for the first time. Zhenhua Electronics accused Geili Electronics of infringing its trademark rights by using the word "ZHENHUA" on its products, while Geili Electronics requested the court to rule that it did not constitute infringement on the grounds that its actions were fair use. The Supreme People's Court finally ruled that the request of Li Electronics was established on the grounds that although Zhenhua Electronics was the registrant of the "ZHENHUA" trademark, it did not use it, and Li Electronics used the trademark to indicate the true source of the goods and would not mislead the public, so it did not constitute infringement.
This case provides a clear judgment standard and application guide for future trademark non-infringement lawsuits, including the legality of the trademark, the scope of use of the trademark, whether it will mislead the public and other elements.
For enterprises, it is an important way to avoid trademark disputes by correctly understanding and accurately grasping the applicable elements and legal principles of trademark non-infringement claims. For the court, accurately evaluating the relevant facts of the trademark non-infringement lawsuit and reviewing its legal relationship is the basis for ensuring fair justice and maintaining social and economic order.
The above content can not only help us better understand the legal logic of trademark non-infringement litigation, but also help us to deal with trademark disputes in practice more deeply and appropriately, so as to effectively protect their legitimate rights and interests. In the actual legal practice, we need to have a deeper understanding and application of trademark non-infringement litigation through the in-depth understanding of the spirit of legislation and case analysis.
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