Current location - Trademark Inquiry Complete Network - Trademark registration - What burden of proof does the trademark owner need to bear?
What burden of proof does the trademark owner need to bear?

Legal analysis: 1. The trademark owner bears the burden of proof for its actual use of the trademark; 2. The trademark owner should provide evidence to prove that it has actually used the trademark requested for protection in the approved goods or services. ; 3. If the trademark owner cannot provide evidence to prove that it has actually used the exclusive right to protect the registered trademark, the litigation claim shall not be supported.

Legal basis: "Trademark Law of the People's Republic of China" Article 57 Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Without the authorization of the trademark registrant (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using the same trademark as its registered trademark on similar goods or similar trademarks that are likely to cause confusion; (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization; (5) Failure to do so With the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put into the market; (6) Intentionally providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to the exclusive right to use registered trademarks of others.