(1) The people's court may take evidence or key evidence needed for the trial of a case that the court cannot take on its own. Usually divided into three categories:

1. Save the accused infringing product.

2. Obtain the evidence of the alleged infringer's infringement.

3. Investigate the financial books of the alleged infringing unit to determine the amount of compensation.

(two) when applying for court investigation and evidence collection, pay attention to two points:

First, the scope of evidence applied for investigation must conform to the statutory situation;

Second, the application must pay attention to the time limit for proof.

(three) the court usually takes the form of leaving a certificate:

1. Take photos and record the technical features of the alleged infringing products;

2. Books and physical trademarks that are easy to retrieve should be seized and extracted.

Second, trademark infringement

Due to the particularity of trademark infringement, this part lists the types of infringement separately, so that the majority of candidates can accurately judge whether it constitutes trademark infringement.

(a) the act of counterfeiting a registered trademark

Specifically, it includes the following four situations:

1, using the same trademark as the registered trademark of others on the same commodity;

2. Use a trademark similar to the registered trademark of others on the same commodity;

3. Use the same trademark as the registered trademark on similar goods;

4。 Use a trademark similar to the registered trademark of others on similar goods.

(2) selling goods that infringe trademark rights.

Pay attention to the fact that the sale of goods that counterfeit the registered trademarks of others constitutes infringement without knowing it, which is different from patent infringement. If you sell a product that you don't know is infringing the patent right, you don't have to bear the liability for damages as long as you can explain the source.

(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks.

Reverse forgery

That is, without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again. Note that goods must be put on the market again. If it is not put into the market but used by itself, it does not constitute reverse counterfeiting.

(5) Causing other damage to the exclusive right to use a registered trademark of others.

This situation mainly includes:

1. Misleading the public by using marks identical or similar to others' registered trademarks as the names or decorations of commodities.

2. Deliberately providing storage, transportation, mailing, hiding and other convenient conditions for infringing on the exclusive right to use a registered trademark of others.

3. Significantly using the same or similar words as other people's registered trademarks as enterprise names on the same or similar goods is easy to mislead the relevant public.

4. Copying, imitating or translating a well-known trademark registered by others or its main parts used as trademarks on different or similar goods, misleading the public, which may harm the interests of the registrant of the well-known trademark.

5. Registering words identical or similar to others' registered trademarks as domain names, and conducting e-commerce of related goods through this domain name, is likely to mislead the relevant public.