What is the meaning of preservation measures in trademark infringement litigation?

In real life, we will encounter the problem of the meaning of preservation measures in trademark infringement litigation. Then many people will want to know the relevant content of this issue and what kind of legal knowledge it contains. In fact, this problem is not complicated. As long as you read the relevant content of the following article carefully, I hope your problem can be solved easily. Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the meaning of preservation measures in trademark infringement litigation

1. Property preservation

The trademark registrant or interested party has evidence to prove that others are infringing or are about to infringe their registered trademark rights If the behavior is not stopped in time, it will cause irreparable damage to the legal rights and interests, you can apply to the People's Court for property preservation measures before filing a lawsuit, but the applicant needs to provide a guarantee. If no guarantee is provided, the application will be rejected.

Property preservation is limited to the scope of the request, or is inconsistent with the case Relevant property shall be seized, detained, frozen or other methods prescribed by law. After the People's Court freezes property, it shall immediately notify the person whose property is frozen. If the property has been sealed or frozen, it shall not be seized or frozen again.

After the People's Court accepts the application, it must make a ruling within the prescribed time limit; if it decides to take property preservation measures, implementation shall begin immediately. If the applicant does not file a lawsuit within the prescribed time limit after the People's Court takes preservation measures, The People's Court shall terminate the property preservation. If the respondent provides a guarantee, the People's Court shall also terminate the property preservation.

If there is an error in the application, the applicant shall compensate the respondent for the losses suffered due to property preservation.

If the party concerned is dissatisfied with the ruling on property preservation, he may apply for reconsideration once. The execution of the ruling will not be suspended during the reconsideration period.

2. Evidence Preservation

In order to stop infringement, in If the evidence may be lost or difficult to obtain in the future, the trademark registrant or interested party may apply to the people's court that has jurisdiction over trademark cases at the place where the infringement occurs or where the respondent is domiciled to preserve the evidence before filing a lawsuit. Interests in filing the application person, including the licensee of the trademark license contract and the legal successor of the property rights of the registered trademark. Among the licensees of the registered trademark license contract, the licensee of the exclusive license contract can apply to the People's Court separately; the exclusive license contract The licensee can apply if the trademark registrant does not apply.

When a trademark registrant or interested party applies to the People's Court for pre-litigation preservation of evidence, he or she shall submit a written application. The application shall state:

(1) The parties and their basic situation;

(2) The specific content, scope and location of the evidence to be preserved;

(3) Objects that can be proven by the evidence requested for preservation;

(4) Reasons for the application, including that the evidence may be lost or difficult to obtain in the future, and the parties and their litigation representatives are unable to file the application due to objective reasons Specific instructions for self-collection.

The applicant’s application for pre-litigation preservation of evidence may involve the defendant If the applicant suffers property losses, the People's Court may order the applicant to provide corresponding guarantee. If the applicant fails to provide guarantee, the application shall be rejected. If the trademark registrant or interested party does not initiate a lawsuit within the prescribed time limit after the people's court takes measures to preserve evidence, the people's court shall terminate the measures taken.

The people's court issued a pre-litigation order to stop infringement of registered trademarks exclusively Ruling matters concerning copyright acts or preservation of evidence shall be limited to the scope of the trademark registrant or interested party's application.

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