1. Examples of evidence collection in trademark litigation.

Ownership evidence. The party is the owner of the right and the purpose is to prove the ownership of the trademark right.

2 .Evidence of infringement. Proof: The defendant has committed or is committing the alleged infringement. For example, the defendant’s promotional materials, the defendant’s product samples or photos, the defendant’s product sales contracts, sales invoices, industrial and commercial filing materials, penalty materials, etc. Mainly include: the allegedly infringing products produced by the defendant and sales invoices, sales contracts, audio-visual materials, etc. When the plaintiff cannot obtain the allegedly infringing product, invoices and contracts for selling the alleged infringing product can also be used as direct evidence.

3. Evidence of damages. In a trademark infringement lawsuit, if the plaintiff requires the defendant to compensate, he should submit the calculation method for the amount of compensation. There are three methods for calculating the amount of compensation for trademark infringement. (1) It is the benefit obtained by the infringer due to the infringement during the infringement period, which can be calculated based on the product of the sales volume of the infringing commodity and the unit profit of the commodity; if the unit profit of the commodity cannot be ascertained, Calculated based on the unit profit of registered trademark goods. When determining the amount of compensation, the people's court mainly considers the nature, duration, scope and consequences of the infringement, the reputation of the trademark and reasonable expenses to stop the infringement and other factors.

4. Evidence about the infringer. This type of evidence mainly proves the infringer's exact name, address, business nature, registered capital, number of employees, business scope, etc. Based on the specific situation of the infringer, the rights holder adopts targeted strategies and plans, determines the plan for litigation or administrative crackdown on counterfeiting, and determines the authority with jurisdiction.

2. Evidence collection methods for trademark infringement litigation.

1. Entrust a professional intellectual property company to investigate and collect evidence. Since trademark rights cases are highly professional, it is up to the right holder to collect evidence on his own, and it will be difficult to grasp the direction and scope of evidence collection very accurately. Luo Yi Law Company specializes in legal work. It not only has rich legal knowledge, but also has rich experience in handling cases and skilled litigation skills. Generally speaking, professional investigation and evidence collection are more convenient and effective than parties' investigation and evidence collection, and the scope of evidence collection is also wider and more accurate, and often have higher credibility in judicial practice.

2. Report to administrative agencies and collect evidence. After reporting to the industry and commerce where the infringement is located, the above-mentioned departments can review and copy the contracts, account books and other relevant documents related to the case, question the parties and witnesses, and conduct on-site law enforcement inspections by taking photos and videos. If the exclusive right to use a trademark is suspected of infringement, the above-mentioned administrative law enforcement departments may count the quantity and specifications of the suspected infringing products and then seal them and take samples from them. 3. The use of notary agencies to collect and preserve evidence is an effective measure to prepare for litigation and to preserve and notarize online evidence of trademark infringement.

3. Issues that should be paid attention to when collecting evidence in trademark litigation.

1. The content and means of collecting evidence should be legal

The evidence provided by the parties must be legal. In practice, illegal evidence mainly occurs in the following situations: ① The subject of collection or provision is illegal. ②The evidence collection procedure is illegal. Such as evidence collected through violence, threats, deception, inducement, bribery and other illegal methods. ③The content is illegal. That is, factual materials that cannot prove the true situation of the case, are false, and have no probative force are illegal evidence because they are meaningless in ascertaining the facts of the case.

2. Pay attention to the correlation and consistency between the evidence. There must be some objective connection between various pieces of evidence to corroborate each other, rather than being isolated from each other. Secondly, the parties should collect evidence consistent with the object of proof. Practice shows that if the objects of evidence are too scattered, it is easy to weaken the probative power of the evidence, and conflicting evidence will not be recognized by the court. Therefore, after collecting evidence, we must carefully study their internal relationships, eliminate irrelevant evidence, and ensure that the evidence is targeted.

3. Pay attention to the objectivity of the evidence. No matter which method is used to collect evidence, objectivity must be the premise. Only objective and true evidence can be probative. Tampering or fabricating evidence will result in corresponding legal liability.

4. In trademark infringement litigation, evidence plays a central role and plays a role in effectively safeguarding the legitimate rights and interests of trademark rights holders.

Whether the right holder collects evidence of infringement comprehensively, accurately, and adequately is directly related to the court’s final fact finding and ruling. It is the main basis for determining whether infringement constitutes an infringement and calculating damages. It is the core link in the entire infringement litigation. Therefore, , obtaining sufficient and effective evidence in trademark litigation is the key to winning the case.