What specific methods should be adopted after trademark infringement occurs?

Trademark infringement is trademark infringement, which means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using his registered trademark and damages the trademark rights. Other actions to protect people's legitimate rights and interests. What specific methods should be adopted after trademark infringement occurs? If readers encounter such problems in life that cannot be dealt with and need to be solved, you can read the content of this article. The editor of Legal Savior Network will answer the questions for readers below. I hope the following knowledge will be helpful to readers.

What specific methods should be adopted to deal with 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 certificate, copyright registration certificate, certificate of awards related to the case, etc.).

2. Product samples of the infringed party.

3. Samples of infringing products.

4. Certificate of purchase of infringing productsbright.

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.

General handling of infringement cases There are two ways.

1. Administrative investigation and punishment. However, using this method alone, it is difficult to exhaust the rights granted to complainants by law, especially on 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. 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 procedures. This procedure is powerful in investigation and punishment, 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 procedures are relatively complicated and it is difficult for the complainant to do so alone without the assistance of a professional lawyer.implementation.

The specific method to be adopted depends on different A detailed analysis of the specific circumstances of the case.

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 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.

The fourth step, the infringed party can file a complaint at the county level If the industrial and commercial administrative department requests to handle the above, the relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement and compensate the infringed party for the losses. The amount of compensation shall be the profits gained by the infringement due to the infringement during the infringement period or the infringed party during the period of the infringement. Losses suffered due to infringement during the infringement period. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administrative department may impose a fine. If the party concerned is dissatisfied with the decision of the industrial and commercial administrative department to order the cessation of infringing activities and impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he fails to file a lawsuit and fails to perform within the period of time, the relevant industrial and commercial administrative department shall apply to the People's Court for compulsory infringement. implement. In addition, for infringement of the exclusive right to use a registered trademark, the infringed party may also directly file a lawsuit in the People's Court. If counterfeiting someone else's registered trademark constitutes a crime, in addition to compensating the infringed party's losses, criminal liability will be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.

You can come to the Legal Savior website to find professional lawyers to provide you with consulting services. This is the best choice. Here The lawyer will take you to understand relevant legal knowledge and answer your questions for you.