What to do if you find that your trademark has been infringed
First of all, pay attention to the collection of evidence.
Because only when there is sufficient evidence, It is helpful for administrative law enforcement agencies or judicial trial agencies 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.
In the second step, after we have preliminary collected and sorted the evidence, we should 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 the handling of infringement cases There are generally two ways.
1. Administration 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. Rapid crackdown on counterfeiters and counterfeit sellers can effectively stop the spread of infringement. However, using this method alone, it is difficult to confer the law on the complainant. The rights have been exhausted. What this refers to is the issue of damages. Generally speaking, the infringer will cause economic losses to the infringed party due to the implementation of the infringement. At the same time, the complainant will invest a certain amount of funds and funds to stop the infringement. Manpower, many companies hope that the infringer will 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 stipulates (see the "Trademark Law" for details). However, due to certain difficulties in the execution process of requesting compensation through administrative agencies, the rights of the infringed party cannot be exhausted.
2. Litigation procedure. The advantage of applying this procedure is that the investigation force is strong, and the complainant can, in accordance with relevant legal provisions, The infringer is required to compensate the infringer for the losses caused by the infringement. However, the litigation procedures are relatively complicated and it is difficult for the complainant to implement it alone without the assistance of a professional lawyer.
Which one of the two specific methods is better? I think there is a value choice here. question,It should also be analyzed based on the specific circumstances of different cases.
The third step is to prepare a complaint or indictment .
When making a complaint or indictment, attention should be paid to Facts and tone are effectively combined 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, so it is recommended to entrust professionals to complete it.
At the same time, my country’s Trademark Law clearly stipulates that “foreigners Or when foreign enterprises apply for trademark registration and handle other trademark matters in China, they should 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.
Finally, file a complaint or sue.
In general, you want to sue for trademark infringement It is necessary to talk about evidence. Only by collecting as much relevant evidence as possible can you better protect your rights and interests. In addition, it is much more effective to get twice the result with half the effort with the help of relevant agencies than wandering around like a headless fly on your own. Therefore, Hualu editor recommends that everyone should seek help from relevant agencies when encountering such problems.
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