What to do about trademark infringement

Nowadays, regulations for the protection of intellectual property rights are becoming more and more complete, but infringements still occur, especially trademark infringement. A trademark is a symbol of a company. If a trademark is infringed, it will cause immeasurable losses to the company, so if you find that your trademark What should I do if I have been infringed? Please follow the editor of Legal Savior Network to learn more below.

What to do if trademark infringement

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, we reviewed the evidence After preliminary collection and sorting, you should go to a professional agencyagency for consultation.

Professionals will conduct a preliminary analysis of the case. We will also provide professional advice on detailed issues, which will help us handle the case better.

What needs to be pointed out here is that the handling of infringement cases is generally as follows: Two ways.

1. Administrative investigation. The main advantage of this method is that the investigation and punishment are strong and the investigation and punishment actions are fast. A swift crackdown on counterfeiters and sellers can effectively stop the spread of infringement. However, it is difficult to use this method alone to exhaust the rights granted to complainants by law. What is referred to here is 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. The current "Trademark Law" and "Product Quality Law" also have clear provisions (see the "Trademark Law" for details). However, due to the difficulty in the implementation process of requesting compensation through administrative agencies, the rights of the infringed party cannot be exhausted. .

2. Litigation procedures. The advantage of applying this procedure is that the investigation force is strong, 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 process is relatively complicated and it is difficult for the complainant to implement it alone without the assistance of a professional lawyer.

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 author believes that 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, China's Trademark Law clearly stipulates that "foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China should entrust an organization designated by the state to act as their agent." . In other words, foreigners or foreign enterprises should entrust a state-designated organization to handle trademark infringement cases in China.

Finally, file a complaint or sue.

Generally speaking, if you want to sue for trademark infringement, you need evidence. Only by collecting as much relevant evidence as possible can you better protect your rights and interests. There is also help from relevant agencies. It is much more effective than wandering around like a headless fly, so the editor of Legal Savior Network recommends that everyone should seek help from relevant agencies when encountering such problems.

The editor’s summary ends here. If you have more questions in this regard, you are welcome to come to the Legal Savior website. For consultation, Legal Savior Network provides professional legal consulting services, and a professional team of lawyers will answer your questions.