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It is difficult to collect evidence of trademark infringement.
With the rapid development of internet commerce, trademarks, as an important means of intellectual property trade competition for enterprises, are gradually found in the network. As the Internet is a free and open platform, any trademark can spread quickly as long as it is used on the Internet, which greatly increases the possibility of trademark infringement by others. The following small series will introduce some methods to deal with online trademark infringement.

First, pay attention to the collection of evidence. Because only in the case of sufficient evidence, it is beneficial for administrative law enforcement organs or judicial organs to determine whether an act belongs to infringement as soon as possible. Therefore, evidence is the premise of handling a case. In a nutshell, the evidence mentioned here mainly refers to the following aspects:

1. Proof of prior rights of the infringed (including trademark registration certificate, patent (patent application) certificate, copyright registration certificate, award-winning certificate related to the case, etc.). ).

2. Product samples of the infringed.

3. Samples of infringing products.

4. Proof of purchasing infringing products. Here mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller and other matters.

Secondly, you should consult a professional organization. Professionals will make a preliminary analysis of the case and provide professional advice on the details.

The third step is to complain or sue. When making a complaint or prosecution, we should pay attention to effectively combining facts and tone, so as to facilitate the smooth progress of the case. The complaint or indictment is the most direct factor that directly affects the progress of the case, and it is recommended to entrust professionals to complete it.

At the same time, China's trademark law clearly stipulates? Foreigners or foreign enterprises applying for trademark registration and handling other trademark matters shall entrust organizations designated by the state to act as agents? . In other words, foreigners or foreign enterprises should entrust organizations designated by the state to handle trademark infringement cases in China.

The fourth step, the infringer can ask the administrative department for industry and commerce at or above the county level to handle it. The relevant administrative departments for industry and commerce have the right to order the infringer to stop the infringement immediately and compensate the infringed for the losses. The amount of compensation is the profit gained by the infringer or the loss suffered by the infringed during the infringement.