Being sued for trademark infringement does not mean certain defeat. After receiving the complaint materials, systematically verify whether the other side's right is stable and whether you have statutory defenses, then decide between settlement and litigation—never ignore it and default.
Step 1: Verify the Other Side's Right
- Whether the other side's trademark is within its term, and whether the approved goods cover the goods you are accused of using;
- Whether the registration is over three years old and actually used: where it is over three years and the other side has no evidence of use, you may raise the three-year non-use defense under Article 64(1) to exempt damages, and may simultaneously file a non-use cancellation against the trademark;
- Whether the registration itself is defective (malicious squatting, lack of distinctiveness, conflict with your rights): consider filing for invalidation to shake its rights base.
Step 2: Assess Your Available Defenses
- Non-infringement defense: the signs are not similar, the goods are not similar, or there is no trademark use (such as legitimate descriptive use);
- Prior use defense: under Article 59(3), where you used the mark earlier on identical or similar goods before the other side's registration and it had acquired certain influence, you may continue using within the original scope;
- Legitimate source defense: a seller who did not know the goods were infringing, obtained them legitimately, and identifies the supplier bears no damages liability under Article 64(2);
- Three-year non-use defense: see above—damages exemption does not exempt liability, and cessation may still be ordered.
Step 3: Determine the Response Strategy
- Where defenses have room, respond actively and fix your own evidence (purchase records, use history, prior-use evidence);
- Where the infringement is clear and the other side's right is stable, assess settlement costs, aiming to reduce damages and stop the infringement;
- Where you received a platform complaint rather than a lawsuit, appeal under the platform rules while preparing the defenses above.
Timing and Procedure Reminders
Mind the answer period (fifteen days from receipt of the complaint copy) and the evidentiary deadlines—missing them may forfeit rights. Cases with significant disputes should be handled by a trademark lawyer, and while responding, evaluate the countermeasure combination of invalidation or non-use cancellation against the other side's trademark.
When facing such situations, you are advised to consult a filed trademark agent on MyTMBee first to assess whether a non-use cancellation defense should be arranged before deciding on the next step.