How the court with jurisdiction over trademark rights determines
According to legal provisions, trademark infringement cases are under the jurisdiction of the Intermediate People's Court.
Civil action filed for infringement of the exclusive right to use a registered trademark Litigation 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 or seized, and the defendant's domicile as stipulated in Articles 13 and 52 of the Trademark Law. The storage place of infringing goods specified in the preceding paragraph refers to the place where infringing goods are stored or concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, industrial and commercial and other administrative agencies seal and detain infringing goods in accordance with the law.
For multiple cases involving different places where infringements were committed For a joint lawsuit filed by the defendants, the plaintiff can choose the jurisdiction of the people's court where one of the defendants' infringement was committed; for a lawsuit filed only against one of the defendants, the people's court of the place where the defendant's infringement was committed has jurisdiction.
You can first determine the specific address of the person who infringed your trademark rights, the specific district where the infringement occurred, and which intermediate people's court has jurisdiction over this district, and then file a lawsuit with the intermediate people's court. litigation.
Trademark rights:
Trademark right is the abbreviation of trademark exclusive right. It refers to the trademark granted by the trademark authority in accordance with the law. The owner's exclusive rights to his or her registered trademark are protected by national laws. The right of a trademark registrant to control its registered trademark in accordance with the law and prohibit infringement by others, including the trademark registrant's exclusive right to use, profit, disposal, renewal, and the right to prohibit infringement by others of its registered trademark. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements.
In summary, the court with jurisdiction over trademark rights It is the local intermediate court. As long as you determine which intermediate court governs which district, you will know which court the trademark dispute case should be handled in. I hope my answer can solve your problem. If you have any questions, you are welcome to consult with a lawyer on the Legal Savior Network.
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