[Direct answer]It is recommended to proceed from four aspects. Firstly, register the layout: Apply for trademark registration as early as possible, covering core categories and related categories, and conduct defensive registration for important logos to avoid others registering them illegally. Secondly, preserve evidence of use: Use registered trademarks in a standardized manner, keep evidence of use, sales, and promotion to prevent them from being revoked due to non-use for three consecutive years, and provide a basis for rights protection. Thirdly, monitor and warn: Regularly monitor trademark announcements and the market, timely detect similar trademark applications and counterfeiting behaviors, and intervene early in procedures such as objections and invalidation declarations. Fourthly, protect rights according to law: For infringements, claim rights through methods such as sending lawyer's letters, lodging complaints with market supervision and management departments, lodging complaints with e-commerce platforms, and initiating litigation, and may claim to stop infringement, compensate for losses, and eliminate the impact. According to the relevant provisions of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), those who infringe upon the exclusive right to use registered trademarks shall bear responsibilities such as stopping infringement and compensating for losses. Enterprises should establish a regular trademark management system and take risk prevention and control measures in advance.

I. Problem background and typical scenarios

A trademark is one of the most important intangible assets of a company. Once it is preemptively registered, imitated, or counterfeited, it not only affects the brand image but also may lead to a loss of market share and an increase in the cost of defending rights. In practice, many companies only register their trademarks in core categories and neglect the layout of related categories, resulting in others registering identical or similar trademarks in other categories; some companies use trademarks in an irregular manner and lack evidence of use, making it difficult to provide evidence when defending rights; others fail to collect evidence in a timely manner after discovering infringement, leading to increased losses. When handling such cases in the Beijing area, the court will review the trademark's popularity, the degree of similarity between the disputed logo and the registered trademark, whether it is likely to cause confusion among the relevant public, and the circumstances of the infringement and the amount of compensation, in order to determine responsibility. Understanding the protection layout and defense path can help companies effectively reduce the risk of infringement.

II. Key points of dispute

First, the categories of trademark registration cover defensive layout. Second, the preservation of evidence of trademark use and the prevention of the risk of "three-year revocation". Third, trademark monitoring and the application of objection and invalidation declaration procedures. Fourth, the judgment criteria of similarity and confusion in infringement determination. Fifth, the basis for claiming compensation and the provision of evidence.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a trademark infringement and unfair competition dispute, which has direct reference value for enterprise trademark protection. The plaintiff was a well-known domestic paper industry enterprise, and its trademark was recognized as a well-known trademark by courts and administrative authorities in multiple regions. The defendant obtained authorization from a third party to use another similar trademark and produce and sell related products. The plaintiff requested the defendant to stop the infringement and claimed 980,000 yuan in compensation. Attorney Liu Yuanyuan of our firm represented the defendant in defense, organizing arguments from aspects such as the differences in logos, the packaging and decoration not constituting a commercially influential trademark, and the minor infringement. He pointed out that the defendant's authorization period was short, the production volume was small, the pricing was low, and the products had long been discontinued, so the high compensation claim lacked basis. The court partially adopted the attorney's arguments, determining that the defendant's trademark constituted imitation and trademark infringement, but rejecting the claim of unfair competition. Given the short infringement period and small scale, the court set the compensation for economic losses at 50,000 yuan and reasonable expenses at 10,000 yuan, totaling 60,000 yuan, which was more than 920,000 yuan lower than the original claim. This case illustrates that, for enterprises, on the one hand, they should pay attention to trademark registration and use documentation to avoid being involved in infringement or being infringed upon; on the other hand, once a lawsuit arises, the infringement period, business scale, and profit situation directly affect the amount of compensation, so evidence preparation is of great importance. It should be noted that the determination of trademark infringement and compensation must be based on the trademark's popularity, the possibility of confusion, and the evidence of the case, in accordance with the current effective laws and regulations and judicial rulings. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起商标侵权及不正当竞争纠纷，对企业的商标保护具有直接参考意义。原告为国内知名纸业企业，其商标经多地法院及行政机关认定为驰名商标；被告获得案外人授权使用另一近似商标并生产销售相关商品，被原告诉请停止侵权并索赔98万元。本所刘源源律师代理被告抗辩，从标识差异、包装装潢不构成有一定影响的商业标识、侵权情节轻微等方面组织论证，指出被告授权时间短、产量少、定价低且早已停产，高额赔偿缺乏依据。法院部分采纳代理意见，认定被诉标识构成摹仿与商标侵权，但驳回不正当竞争主张，并鉴于侵权时间短、规模小，酌定经济损失赔偿5万元及合理费用1万元，共6万元，较原索赔降低92余万元。该案从反面说明：对企业而言，一方面要重视商标的注册布局与使用留证，避免自身陷入侵权或被侵权；另一方面，一旦涉诉，侵权情节、经营规模与获利情况直接影响赔偿数额，证据准备至关重要。需要说明的是，商标侵权与赔偿的认定须结合商标知名度、混淆可能性与个案证据，以现行有效法律法规及司法裁判为准。本案由北京恒略律师事务所代理。Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, complete the trademark registration for core and related categories as soon as possible, and conduct defensive layout for important logos; Second, standardize the use of registered trademarks and retain evidence of use, sales, and promotion; Third, establish a trademark monitoring mechanism and pay attention to announcements and market trends; Fourth, when discovering similar trademark applications, promptly raise objections or request invalidation; Fifth, immediately collect evidence and take measures such as sending lawyer's letters, filing administrative complaints, lodging platform complaints, or initiating litigation after discovering infringements. For matters involving intellectual property and corporate compliance, please refer to the relevant guidelines.Intellectual property and corporate legal consultantsAndBusiness and contract disputes in enterprisesLegal basis: The provisions on trademark registration, infringement determination, and compensation in the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), and the provisions on confusing behavior in the Anti-Unfair Competition Law of the People's Republic of China. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, it's important to register the layout early, and both the core and related categories cannot be ignored. Secondly, using evidence is the foundation for both preventing "three-year revocation" and protecting rights, and it should be continuously preserved. Thirdly, monitoring and objection procedures can effectively prevent similar trademarks from being registered. Fourthly, the compensation for infringement depends on the trademark's popularity, the degree of confusion, and the circumstances of the infringement. The more evidence there is, the stronger the claim will be. For matters involving intellectual property and corporate compliance, you can seek assistance through legal channels.Intellectual property and corporate legal consultantsWe provide a comprehensive solution for services, which includes the integration of contracts and transactions.Business and contract disputes in enterprisesFor reference, it involves infringement damages and the enforcement of compensationCreditor's rights and debts, and enforcementYou can consult us regarding the fixation of evidence and document servicesSpecial services.

VI. Frequently Asked Questions

Q1: How to prevent trademark infringement?

There are four key aspects to address: applying for registration as early as possible and covering both core and related categories; regulating use and preserving evidence of use; establishing a trademark monitoring and early warning system; and taking legal action to protect rights promptly upon detecting infringements, such as sending lawyer's letters, filing administrative complaints, lodging platform complaints, or initiating litigation. Systematic trademark management can significantly reduce risks.

Q2: Why do we need to do defensive registration?

Defensive registration can prevent others from preemptively registering trademarks in related categories or with similar names, thus avoiding the dilution of brands, free-riding, or malicious price demands. This is particularly important for well-known enterprises planning to operate across multiple categories, but at the same time, they should pay attention to the proper use of registered trademarks and the preservation of relevant evidence after registration.

Q3: How to collect evidence of trademark infringement?

The infringement facts and scope can be fixed through methods such as notarization, web notarization, platform complaint records, sales and promotional materials, and correspondence; at the same time, keep evidence of their own trademark use and popularity, which can be used to claim compensation. The integrity of the evidence and the legality of the way it is obtained directly affect its credibility.

Q4: How is the compensation for trademark infringement calculated?

According to the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), the amount of compensation can be determined based on the rights holder's losses, the infringer's profits, and multiples of the trademark license fees, among other factors, and reasonable expenses can also be claimed. For serious cases of malicious infringement, punitive damages may be applied. All of these require evidence to support them.

Q5: What should I do if I receive an infringement warning letter?

You should first verify the other party's rights basis and your own usage situation, assess whether it constitutes infringement and whether there are defenses such as a legitimate source or prior use; it is not advisable to hastily admit or ignore it. When necessary, you should entrust a professional lawyer to issue a response or formulate a response plan to avoid escalating conflicts and expanding losses.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.