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How to deal with products that infringe trademark rights

Legal analysis: First, apply for administrative investigation, and second, file a lawsuit in court. The following mainly talks about the brief notes on court prosecution: 1. Analyze whether trademark infringement or unfair competition has been carried out, and then collect evidence, including evidence of infringement and evidence to determine the amount of compensation; 2. Prepare an indictment and choose the jurisdiction File the case in the competent court; 3. Pre-litigation protective measures, pre-litigation evidence preservation, property preservation and pre-litigation injunction; to apply for the above-mentioned pre-litigation measures, preliminary evidence and guarantee must be provided. If the evidence cannot be provided or the evidence is insufficient, it will not be possible to apply for pre-litigation interim measures. Trademark infringement litigation is relatively professional. If your trademark has been infringed, it will be more effective to entrust a professional lawyer to represent you.

Legal basis: Article 47 of the Trademark Law of the People's Republic of China. A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be declared invalid by the Trademark Law. The Bureau shall announce that the exclusive right to use the registered trademark shall be deemed to have ceased to exist from the beginning. Decisions or rulings declaring the registered trademark invalid, judgments, rulings, and mediation documents on trademark infringement cases made and executed by the People's Court before the invalidation, and decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, as well as The executed trademark transfer or licensing contract does not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant. If the trademark infringement compensation, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.