1. Apply to the notary office for evidence preservation

One of the statutory tasks of the notary office is to “preserve evidence.” Notarized evidence has the effect of being presumed to be true and will generally be directly admitted by the court unless there is contrary evidence that is sufficient to overturn the notarized certification. The effect of the preservation of evidence by the notary public and the preservation of evidence by the court in accordance with its authority are basically the same.

Before litigation, parties can make full use of notarial agencies to collect and preserve evidence, which is also an effective measure to prepare for litigation.

2. Apply to the court for pre-litigation evidence preservation

According to the "Interpretation on Legal Issues Concerning Cessation of Infringement of the Exclusive Rights of Registered Trademarks and Preservation of Evidence Before Litigation", which stipulates that in the case of trademark In rights infringement cases, you can apply for pre-litigation evidence preservation.

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 will also need to bear liability for compensation for the resulting losses.

3. Apply to the People’s Court to obtain evidence

Due to objective reasons, the party concerned is unable to obtain evidence on his own, or the party fails to obtain key evidence by exhausting all methods, or the People’s Court considers that a certain Evidence is necessary for hearing cases, and the people's courts should assume the responsibility of investigating and collecting evidence.