How to deal with trademark registration infringement

When a trademark is infringed upon registration, relevant evidence must first be collected. Evidence is the most powerful means to determine the infringement. The evidence mainly includes the copyright registration of the infringed trademark, awards, product samples, and purchases of infringing products. Proofs, etc., and then consultation is required and litigation is initiated if necessary. Regarding the issue of how to deal with trademark registration infringement, the editor of Legal Savior Network will answer it in detail for you below.

1. How to deal with trademark registration infringement?

First of all, pay attention to Collection of evidence. Because only when there is sufficient evidence, it will be helpful for the administrative law enforcement agencies or the judicial organs to determine whether a certain act is an infringement as soon as possible. Therefore, evidence is a prerequisite that affects the handling of cases. In summary, the evidence mentioned here mainly refers to the following aspects:

1. Documents proving the prior rights of the infringed party (including trademark Registration certificate, patent (patent patent application, patent application) certificate, copyright registration certificate, case-related award certificate, etc.).

2. Product samples of the infringed party.

3. Samples of infringing products.

4. Proof of purchasing infringing products. This mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller, etc.

Secondly, you should consult a professional agency. Professionals will conduct a preliminary analysis of the case and provide professional advice on detailed issues.

The third step is to prepare a complaint or indictment. When preparing a complaint or indictment, attention should be paid to effectively combining facts and tone to facilitate the smooth progress of the case. The complaint or indictment is the most direct factor that directly affects the progress of the case. It is recommended to entrust professionals to complete it.

Legal Basis Article 18 of the Trademark Law: Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust a state-designated Organizational agent. In other words, foreigners or foreign companies handle trademark infringement cases in ChinaFor files, an organization designated by the state should be entrusted as agent.

The fourth step is that the infringed party can request the industrial and commercial administration department at or above the county level for handling. The relevant industrial and commercial administrative department has the right to order the infringer to Immediately stop the infringement and compensate the infringed party for the losses. The amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. Infringement of exclusive rights to registered trademarks.

2. How to deal with trademark infringement? p>

If you find that a trademark has been infringed, you should take active measures to safeguard your rights.

The first step is to collect evidence. Because only when there is sufficient evidence, it will be helpful for the administrative law enforcement agencies or the judicial organs to determine whether a certain act is an infringement as soon as possible.

The second step is to consult a professional agency. Professionals will conduct a preliminary analysis of the case and provide professional advice on detailed issues.

The third step is to prepare a complaint or indictment. When preparing a complaint or indictment, attention should be paid to effectively combining facts and tone to facilitate the smooth progress of the case. The complaint or indictment is the most direct factor that directly affects the progress of the case. It is recommended to entrust professionals to complete it.

The fourth step is that the infringed party can request the industrial and commercial administrative department at or above the county level for handling. The relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement. , to compensate the infringed party for the losses. The amount of compensation shall be the profits gained by the infringer due to the infringement during the period of infringement or the losses suffered by the infringed party due to the infringement during the period of infringement.

Trademarks belong to the trademark registrant. If you want to protect your rights, you should always pay attention to the privacy of the trademark, try to avoid contact with the outside world before registration, and, After the trademark is made, you should apply for registration as soon as possible. Only after registration can you better protect your rights. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.