Are you suffering from these problems? If a trademark is infringed, how to protect the trademark rights? What should I do if the novel I worked so hard to write is plagiarized by others? What should I do if I want to protect my trademark rights but the basic procedures fail? My trademark application has been rejected and the reexamination failed. What should I do? What should I do if my trademark is not allowed to be registered and my previous hard work is in vain? Who should I call for help when my trademark is maliciously used by others and my rights are infringed? Waiting for questions, Bajie Intellectual Property Trademark Transfer Network can help you solve every problem you have about intellectual property rights. So, what are the main procedures for trademark infringement litigation in Tianjin?

About the main process of trademark infringement litigation in Tianjin

The basic process of trademark litigation is as follows:

1. Prosecution: submit a complaint to the filing tribunal of the court with jurisdiction .

The first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases. Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark or infringement of the special protection rights of a well-known trademark shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the defendant is domiciled.

2. Case filing: If the court considers that the case filing conditions are met after review, the court will notify the parties to pay the litigation fees within 7 days, and the case will be filed after paying the fees.

3. After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will respond within 15 days.

4. Evidence exchange.

If the trademark owner feels that it is necessary to preserve the infringement evidence before litigation, he must submit an application for evidence preservation. The rights holder provides subject qualification documents, rights certificates, infringed products and actual use of infringing products, etc.

5. Held in court.

If it is a well-known trademark, a well-known trademark certification must be provided.

6. If the collegial panel makes a ruling after consultation, if you are not satisfied with the ruling, you may appeal to the higher people's court within 10 days from the date of service; if you are not satisfied with the judgment, you may appeal to the higher people's court within 15 days from the date of service. appeal.

Notes on Trademark Rights Litigation in 2018: The collegial panel will make a ruling after a consultation. If you are not satisfied with the ruling, you may appeal to the higher people's court within 10 days from the date of service; An appeal will be filed with the People's Court at a higher level within the next few days.

What are the behaviors that infringe on registered trademarks?

1. Using the same or similar trademark on the same or similar goods without the permission of the owner of the registered trademark. Trademark;

2. Manufacture or sell other people’s registered trademark signs without authorization;

3. After the party causing other damage to the exclusive right to use the registered trademark of others files a lawsuit in the People’s Court, this Such cases are heard by the Economic Division of the People's Court.

To sum up, because trademarks are not like the physical property that we usually have access to, we can judge whether they have been infringed upon by superficial review. Therefore, when trademark rights are infringed, we can only Ask the judge to make an appropriate judgment based on relevant facts and trademark laws. All the parties have to do during the litigation is to prepare sufficient supporting materials.