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Trademark infringement certificate
1, evidence of ownership. The party concerned is the obligee, aiming at proving the ownership of the trademark right. 2. Evidence of infringement. Evidence: The defendant has committed or is committing the alleged infringement. For example, the defendant's publicity materials, the defendant's product samples or photos, the defendant's product sales contract and so on. 3. Damage the evidence. In trademark infringement litigation, if the plaintiff demands compensation from the defendant, it shall submit the calculation method of the compensation amount. There are three ways to calculate the amount of compensation for trademark infringement. (1) is the benefit obtained by the infringer during the infringement period, which can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods; (2) If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a commodity with a registered trademark; (3) When determining the amount of compensation, the people's court mainly considers the nature, period, scope and consequences of the infringement, the reputation of the trademark and the reasonable expenses spent to stop the infringement. 4. Evidence about the infringer. This kind of evidence mainly proves the exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer. Problems needing attention in obtaining evidence in trademark litigation 1. The contents and means of collecting evidence should be legal. The evidence provided by the parties must be legal. In practice, evidence is illegal mainly in the following situations: ① It is illegal to collect or provide the subject. ② The evidence collection procedure is illegal. Such as evidence collected by illegal means such as violence, threats, deception, seduction and bribery. 2. Pay attention to the correlation and consistency between evidences. There should be some objective connection between all the evidences, which confirm each other, not be isolated from each other. After collecting evidence, we should carefully study their internal relations, exclude irrelevant evidence and ensure the pertinence of the evidence. 3. Pay attention to the objectivity of the evidence. Only objective and true evidence has probative power. Anyone who falsifies or forges evidence must bear corresponding legal responsibilities.