For a long time to come, the number of online trademark infringement cases will maintain a steady growth trend. Trademark infringement once became the focus of people's attention, so what evidence should be provided to prove the occurrence of trademark infringement?

The research report stated that since 2015, due to the impact of the registration system and the country's promotion of the "Internet" strategy , the number of online trademark infringement cases has increased significantly. It is foreseeable that for a long time to come, the number of online trademark infringement cases will continue to grow steadily. Trademark infringement has once become the focus of people's attention, so what evidence should be provided to prove the occurrence of trademark infringement?

How to resolve trademark disputes

1. Negotiate settlement. Trademark infringement disputes are resolved through negotiation between the parties. This is the best way to resolve the dispute through mutual consultation. It is also a gentle way for both parties to reach mutual understanding.

2. Request the industrial and commercial administration department for processing. However, the industrial and commercial administrative department can only order the infringer to stop infringement on the premise of confirming infringement, and impose penalties such as confiscation, destruction of infringing goods or fines, and cannot make enforceable decisions on compensation issues.

3. File a lawsuit in court. The trademark registrant or interested party may file a civil lawsuit in accordance with the law to the people's court with jurisdiction. The court can make decisions on issues such as whether there is infringement and how much compensation should be paid.

Common evidence materials in trademark dispute litigation

(1) The plaintiff should submit the following rights evidence to prove that it enjoys trademark rights or the right to license the trademark:

If a trademark registrant files a lawsuit, it should submit documents proving the authenticity and validity of its trademark rights, including the trademark registration certificate. If it is an international trademark registration, the National Trademark Office must issue proof that the international registration is valid in China; if it is a well-known trademark, a well-known trademark certification must be provided.

If an interested party files a lawsuit, it should submit the registered trademark license contract, materials filed with the Trademark Office and a copy of the trademark registration certificate. If it has not been filed, a certificate from the trademark registrant or other evidence proving that it enjoys rights must be submitted.

The licensee of the exclusive use license contract may sue the People's Court separately; the licensee of the exclusive use license contract and the trademark registrant may sue together, provided that the trademark registrant does not sue. , you can initiate a lawsuit on your own, but you must submit evidence proving that the trademark registrant is aware of the infringement and has expressly given up or will not prosecute; licensees under a general license contract may file a lawsuit with the express authorization of the trademark registrant.

If the heir to the trademark property rights sues, he shall submit evidence that he has inherited or is in the process of inheriting.

(2) The plaintiff should submit the following infringement evidence to prove that the defendant has committed or is about to commit trademark infringement:

1. Notarial certificate: The trademark owner is responsible for the purchase of infringing products. The process and the purchased infringing products were notarized and the notarization certificate was obtained.

2. The infringing products and their sales invoices purchased by the trademark owner from the market should be sealed by a notary and photographed.

The plaintiff should ensure that the seal is intact before submitting it to the court.

(3) The plaintiff should submit the following evidence of compensation to prove that the amount of compensation it proposes has a factual basis:

The plaintiff should submit evidence that can prove the amount of compensation it proposes. Evidence of the losses suffered by the infringer due to the infringement during the period of infringement or evidence of the benefits obtained by the infringer due to the infringement during the period of infringement, including evidence of reasonable expenses paid by the infringer to stop the infringement.

If it is difficult to determine the benefits gained by the infringer due to the infringement, or the losses suffered by the infringed party due to the infringement, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.