(1) When a trademark registrant files a lawsuit, it shall submit documents proving the authenticity and validity of its trademark right, including the trademark registration certificate.
(2) Where an interested party such as a trademark licensor files a lawsuit, it shall submit the registered trademark license contract, the filing materials of the Trademark Office and a copy of the trademark registration certificate. If it has not been filed, it shall submit the certificate of the trademark registrant or other evidence to prove that it enjoys rights.
(3) Where the successor of trademark property rights files a lawsuit, it shall submit the evidence materials that have been inherited or are being inherited. In addition, the above three types of people should also provide their own identity information or basic information of the enterprise to prove that the individual or company is the right holder on the trademark certificate.
(4) Whether the trademark is a well-known trademark, a well-known brand, an old Chinese brand, etc. , you also need to provide evidence such as well-known trademark identification materials, famous brand certificates or Chinese time-honored brands.
(five) the sales and advertising of the obligee's goods, which proves that the obligee's trademark right has been used.
2. Infringement evidence: used to prove that the infringer has committed or will commit trademark infringement.
(1) Infringed object
(2) invoices for purchasing infringing goods
(3) Notarization in the process of purchasing infringing goods.
3. Compensation evidence: it is used to prove that the amount of compensation proposed by it is based on facts. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him. Generally divided into two types:
(1) Evidence that the infringer obtained benefits during the period of infringement.
(2) Evidence that the infringed has suffered losses during the period of infringement. Including invoices for reasonable expenses paid by the infringed person to stop the infringement (such as appraisal fees, notarization fees, attorney fees, industrial and commercial file retrieval fees, etc.). ) and other evidence. In practice, it is difficult for the obligee to directly prove the amount of loss or illegal gains of the infringer, so the amount of compensation is generally decided by the court.
Legal basis: Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes:
(a) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Expert opinions; (8) Inspection records.