What are the responsibilities of parties involved in trademark litigation
Trademark litigation, as far as the factual claims of both parties are concerned, both parties are responsible There is a corresponding burden of proof, but in general the burden of proof is always borne by a specific party, that is, the plaintiff bears the burden of providing evidence for his or her claim. When the plaintiff files a lawsuit, he must put forward a claim and factual grounds. In this regard, the plaintiff shall bear the burden of proof for the facts on which the claim is based, and the defendant shall bear the burden of providing evidence for his claim.
If the defendant denies or refutes the plaintiff's claims during the course of responding or defending, the defendant may provide corresponding evidence. If it files a counterclaim against the plaintiff's claims, it shall bear the burden of proof. . The third party in the lawsuit bears the burden of proof for the facts on which it participates in the lawsuit and the facts claimed to protect its own rights and interests. A third party with an independent right to claim is in the litigation position of the plaintiff when participating in the lawsuit. It is the responsibility of the third party to provide relevant evidence on the facts on which the claim is based. The circumstances in which a third party without an independent right of claim bear the burden of proof in a lawsuit are generally limited to situations where the outcome of the case has a certain interest in the third party, and when the judgment involves the substantive obligation on the third party to make its own claim. The burden of proof should be borne in this regard. Co-litigants are co-plaintiffs or co-defendants in a lawsuit and bear the burden of proof for their respective claims.
In necessary joint actions, if one of several joint litigants bears the burden of proof that affects several parties, all necessary joint actions can be regarded as Everyone should bear the burden of proof; in ordinary joint actions, generally speaking, the co-litigants should bear the burden of proof respectively. If the evidence raised by one of the co-litigants proves the facts claimed by other co-litigants, And if it is recognized by other co-litigants, it can exempt others from the corresponding burden of proof. In short, any factual claim must bear the burden of proof.
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