How to determine the jurisdiction for trademark infringement
"Several Issues concerning the Application of Law in the Trial of Civil Trademark Disputes by the Supreme People's Court" Interpretation》
Article 6 Due to infringement of registered trademarks Civil lawsuits filed for acts of exclusive rights shall be under the jurisdiction of the People's Court of the place where the infringement is committed, where the infringing goods are stored or seized, and where the defendant is domiciled as stipulated in Articles 13 and 52 of the Trademark Law.
The storage place of the infringing goods specified in the preceding paragraph, It 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, industry and commerce and other administrative agencies seal and detain infringing goods in accordance with the law.
Article 7: For a joint lawsuit filed against multiple defendants involving different places where the infringement was committed, the plaintiff may choose the People's Court of the place where one of the defendants' infringement was committed to have jurisdiction; for a lawsuit filed only against one of the defendants, The people's court in the place where the defendant's infringement was committed has jurisdiction.
Through the above introduction, we can know that the specific circumstances of trademark disputes are different, then When filing a lawsuit in court, the courts with determined jurisdiction are also different, and the parties need to treat the case differently. If you have any questions during the litigation process, the Legal Savior Network also provides online lawyer consultation services. We also welcome you to consult this website.
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