What are the conditions for the court to accept trademark infringement
(1) First, pay attention to the 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. The Procedural Law stipulates that all facts proving the true circumstances of the case shall be evidence. Therefore, we must strictly abide by this principle when collecting evidence. In other words, we must try our best to find evidence that is relevant to the case and can prove the true situation of the case.
In summary, the evidence we are talking about here mainly refers to the following aspects:
1. Documents proving the prior rights of the infringed party. (Including trademark registration certificate, patent certificate, copyright registration certificate, case-related award certificates, 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.
(2) Go to a professional agency for consultation.
Professionals will conduct a preliminary analysis of the case and provide professional advice on details, which will help us handle the case better.
What needs to be pointed out here is that there are generally two ways to handle infringement cases.
1. Administrative investigation and punishment. The main advantage of this method is that the investigation and punishment are strong and the investigation and punishment actions are fast. A swift crackdown on counterfeiters and counterfeit sellers can be achievedEffectively stop the spread of infringement. However, it is difficult to use this method alone to exhaust the rights granted to complainants by law. What is referred to here is the issue of damages. Generally speaking, the infringer will cause economic losses to the infringed party because of the infringement. At the same time, the complainant will invest a certain amount of money and manpower to stop the infringement. Many companies hope that the infringer will cause the infringement to be caused by the infringement. Provide certain financial compensation to the infringed party to make up for the losses suffered by the infringed party. The current "Trademark Law" and "Product Quality Law" also have clear provisions (see the "Trademark Law" for details). However, due to the difficulty in the implementation process of requesting compensation through administrative agencies, the rights of the infringed party cannot be exhausted. .
2. Litigation procedures. The advantage of applying this procedure is that the investigation force is strong, and the complainant can, in accordance with relevant legal provisions, require the infringer to compensate the infringer for the losses caused to the infringed party by the infringement. However, the litigation process is relatively complicated and it is difficult for the complainant to implement it alone without the assistance of a professional lawyer.
As for which of the two specific methods is better, the author believes that there is a question of value selection here, and it must be analyzed based on the specific circumstances of different cases.
(3) 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 author believes that the complaint or indictment is the most direct factor that directly affects the progress of the case, so it is recommended to entrust professionals to complete it.
At the same time, my country’s Trademark Law clearly stipulates that “foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization designated by the state to act as their agent.” In other words, when foreigners or foreign companies handle trademark infringement cases in China, they should entrust an organization designated by the state to represent them.
(4) Materials required
1. Complaint: The name of the complainant should be listed or name, address, contact number, trademark rights; (if represented by a trademark agency, the name, address, and phone number of the agency should also be listed); the name, address, infringement facts and related circumstances of the respondent; the person making the complaint Legal basis and requirement and date of complaint.
2. Business license and copy.
3. Trademark registration certificate and copy.
4. Evidence of infringement: including infringing objects, trademark logos, relevant bills, photos, etc.
5. Letter of attorney. Domestic trademarks The registrant can entrust others to make complaints, but he should submit a power of attorney signed by the entruster. If he entrusts a trademark agency organization to complain, he should produce a valid certificate proving that the organization has agency qualifications; foreign (overseas) trademark registrants require protection of their trademarks. If you have exclusive rights to use a trademark, you should entrust a nationally designated trademark agency organization to lodge a complaint, and submit Chinese complaint documents, a certified or notarized power of attorney and relevant supporting materials.
So, what are the conditions for courts to accept trademark infringements? First of all, courts pay more attention to evidence, so if you want to protect your rights and interests, it is best to collect relevant evidence, and then go to a professional agency for consultation. Because the case can be handled better if professionals analyze the case. It is recommended that you can conduct legal consultation on the Legal Savior Online, and we have professional lawyers who will answer your relevant questions.
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