If the trademark infringement has been discovered for more than three years, can it be held liable for infringement again?


Release Time:

2022-08-14

A: The Civil code provides that the statute of limitations for petitioning people's courts for protection of civil rights is three years, unless otherwise provided by law. The Trademark Law Trademark Law  has no special provisions on the statute of limitations for the protection of the exclusive right to use trademarks, so the statute of limitations for infringement of the exclusive right to use registered trademarks should apply to the statute of limitations period of three years in the Civil code. Within the validity period of the trademark, the right holder has known or should have known the infringement for more than three years, and the right holder brings a lawsuit again (including the infringement has been continued and the infringement has been committed after more than three years), as long as the right holder brings the lawsuit, the infringement is ongoing or not more than three years, the law shall protect. Where an infringement is being committed, an order shall be made to stop the infringement; The loss of the right holder calculated three years forward from the time of the prosecution shall be compensated; Losses over three years are no longer protected.

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