As long as we apply to register a trademark, there is a possibility that the trademark will be infringed. If the trademark is infringed, you can use the following investigation and evidence collection methods to preserve the evidence of trademark use and prepare for trademark rights protection. .

Evidence that the trademark is used on the goods

(1) Goods marked with the trademark, product packaging, containers, labels, additional product labels, product instructions, introduction manuals, price lists wait.

(2) Transaction documents related to commodity sales, including commodity sales contracts, invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents, etc.

(3) Advertisements published on radio, television and other media, or advertisements published in publicly distributed publications, as well as advertisements in the form of billboards, mail advertisements or other forms.

(4) Printed materials and other materials using the trademark provided at exhibitions and expos.

(5) Other evidence of trademark use that complies with legal requirements.

Evidence that the trademark is used in services

(1) The trademark is used in service introduction brochures, service venue signs, store decorations, staff clothing, posters, menus, and prices Forms, lottery tickets, office stationery, letterhead and other supplies related to designated services.

(2) Trademarks are used in documents related to services, such as invoices, remittance documents, service provision agreements, repair and maintenance certificates, etc.

(3) Advertisements published on radio, television and other media, or advertisements published in publicly distributed publications, as well as advertisements in the form of billboards, mail advertisements or other forms.

(4) Printed materials and other materials using the trademark provided at exhibitions and expos.

(5) Other evidence of trademark use that complies with legal requirements.

Evidence collection methods

Method 1: Apply to the notary office for evidence preservation

“Evidence preservation” is the legal business scope of the notary office. Notarized evidence, Generally, the court will accept it directly unless there is contrary evidence sufficient to overturn the notarized certificate. Before litigation, parties can make full use of notarial agencies to collect and preserve evidence and make pre-litigation preparations.

Method 2: Apply to the court for pre-litigation evidence preservation

The "Interpretation on Legal Issues Concerning Stopping Infringement of Registered Trademark Exclusive Rights and Preserving Evidence Before Litigation" stipulates that infringement of trademark rights In a case, you can apply for pre-litigation evidence preservation.

Special note: If no lawsuit is filed in court, such preservation measures should be lifted, or the relevant evidence should be destroyed or returned. At this time, the applicant also needs to bear compensation for the losses caused. responsibility.

Method 3: Report to the administrative agency and collect evidence

The parties can also report to the industrial and commercial and public security departments where the infringement is located. The industrial and commercial and public security departments can inspect and copy the contracts and account books related to the case. and other documents, and can use photography, video and other methods to collect evidence on site. If the exclusive right to use a trademark is suspected of infringement, the above-mentioned administrative law enforcement departments may count the quantity and specifications of the suspected infringing products and then seal them and take samples from them.

Method 4: Entrust an agency to collect evidence

The agency has rich legal knowledge and rich case handling experience, and can handle such professional and difficult cases. Let them handle it.