How to deal with online trademark infringement
First of all, 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. 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.
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.
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. Compensate the infringed party for losses, and 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 period of infringement.
The above is the relevant content compiled by the editor for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.