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Evidence collection method of trademark infringement
Methods of evidence collection in trademark infringement litigation;

1, the parties can collect the evidence of infringement by themselves;

2. The parties may entrust a lawyer and other third parties to intervene to help them investigate and collect evidence;

3. For evidence that may be lost or difficult to obtain later, the parties may apply to the people's court for preservation.

legal ground

Article 64 of the Trademark Law of People's Republic of China (PRC)

Where the exclusive right holder of a registered trademark requests compensation, and the accused infringer makes a defense on the grounds that the exclusive right holder of a registered trademark has not used the registered trademark, the people's court may require the exclusive right holder of a registered trademark to provide evidence of the actual use of the registered trademark in the past three years. If the exclusive right holder of a registered trademark cannot prove that the registered trademark has been actually used in the first three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.

Article 65

Where the trademark registrant or interested party has evidence to prove that others are committing or will commit acts that infringe upon their exclusive right to use a registered trademark. If it is not stopped in time, its legitimate rights and interests will be irretrievably damaged. Before prosecution, it may apply to the people's court in accordance with the law to take measures to order it to stop relevant acts and preserve property.

Article 66

In order to stop the infringement, in the case that the evidence may be lost or difficult to obtain later, the trademark registrant or interested party may apply to the people's court for evidence preservation according to law before prosecution.