There are two main situations for the destruction of trademark infringing goods:

1. Infringed goods that cannot be handled in the above way shall be destroyed. This can not only prevent the whole case from being closed in time because the handling of infringing goods is not finally completed, but also prevent infringing goods from occupying the property warehouse involved for a long time.

2. Infringed goods that have been inspected by statutory inspection institutions or have obvious harm to human health, have major security risks, threaten public safety and destroy environmental resources should be resolutely and thoroughly destroyed to prevent harmful consequences. When destroying infringing goods, the infringed shall provide necessary assistance.

In short, no matter what method is adopted to deal with infringing goods, the case-handling organ shall make a record of commodity handling uniformly formulated by the State Administration for Industry and Commerce, and put it into the original case file for future reference together with relevant documents and photos of commodity handling. At the same time, we should also pay attention to the timing of handling items. In principle, it should be handled after the statutory administrative reconsideration (administrative litigation) period expires. According to the Administrative Reconsideration Law and the Trademark Law, the reconsideration period of trademark infringement cases is 60 days, and the litigation period is 15 days. Therefore, it is appropriate to deal with the confiscated infringing goods within 60 days after the parties receive the administrative punishment decision.

Second, what evidence is needed for trademark infringement disputes?

1. Submit evidence to prove that you enjoy the trademark right or the right to use the trademark:

Trademark registrant: submit documents proving the authenticity and validity of its trademark right, including trademark registration certificate.

Licensee of exclusive use license contract: The licensee of exclusive use license contract and the trademark registrant may jointly sue; if the trademark registrant doesn't sue, it may bring a lawsuit on its own, but it shall submit a certificate that the trademark registrant explicitly gives up or doesn't sue knowing that there is infringement; With the express authorization of the trademark registrant, the licensee of the general license contract may bring a lawsuit.

Interested parties: it is necessary to submit the license contract for the use of registered trademarks, materials filed with the Trademark Office and a copy of the trademark registration certificate. If it has not been filed, it shall submit the certificate of the trademark registrant or other evidence to prove its rights.

Inheritor of trademark property rights: documents that are being inherited or have been inherited are required.

2. The plaintiff shall submit corresponding compensation evidence to prove that the amount of compensation proposed by him is based on facts;

The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence that the infringed suffered losses during the infringement period or evidence that the infringer gained benefits during the infringement period, including evidence that the infringed paid reasonable expenses to stop the infringement. If the infringer gains benefits from infringement, or the infringed suffers losses from infringement, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of infringement.

3. The plaintiff shall submit evidence that the defendant has committed or will commit trademark infringement: the plaintiff shall submit evidence such as the alleged infringing products and their sales invoices.