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Trademark infringement litigation procedures

How to conduct trademark infringement proceedings:

1. Prosecution. That is, the trademark owner submits a written complaint to the People's Court, along with relevant evidence;

2. Acceptance. The people's court shall accept the case if it meets the requirements;

3. Trial. People's courts shall hear civil disputes in accordance with the law;

4. Judgment.

Legal Basis

Article 120 of the "Civil Procedure Law of the People's Republic of China"

A complaint shall be submitted to the People's Court, and files copies according to the number of defendants.

Article 126

For a case that is decided to be accepted, the people's court shall inform the parties of the relevant litigation rights and obligations in the case acceptance notice and the litigation response notice. or verbally.

Article 136

When hearing a civil case, the people's court shall notify the parties and other litigation participants three days before the hearing. If the trial is held in public, the names of the parties, the cause of the case, and the time and place of the hearing shall be announced.

Article 148

The people's courts shall publicly pronounce judgments on cases that are heard in public or in private.

If the judgment is pronounced in court, the judgment shall be sent within ten days; if the judgment is pronounced on a regular basis, the judgment shall be sent immediately after the judgment is pronounced.

When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court to which they will appeal.

When a divorce judgment is announced, the parties must be informed that they may not get married again before the judgment takes effect.