1. How to appeal against a complaint of trademark infringement 1. If a party is complained of infringing upon the trademark rights of others, the party can provide evidence to prove that it has not infringed the trademark rights, such as obtaining the right to use the trademark in accordance with the law, or proving that the product is Legally obtained, etc. 2. Legal provisions: Article 64 of the Trademark Law of the People's Republic of China: If the owner of the exclusive right to a registered trademark requests compensation, and the accused infringer files a defense on the grounds that the owner of the exclusive right to the exclusive registered trademark has not used the registered trademark, the People's Court may The owner of the exclusive right to a registered trademark is required to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation. If you sell goods that you do not know infringe on the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and identify the supplier.

2. What are the ways to obtain evidence for trademark infringement? 1. Obtain evidence by yourself. 2. Entrust a lawyer to investigate and collect evidence. Since trademark cases are highly professional, it is difficult for the right holder to obtain evidence on his own and to accurately grasp the direction and scope of evidence collection. Generally speaking, it is much more convenient for lawyers to investigate and collect evidence than for litigants, and the scope of evidence collection is also more extensive and precise. 3. Entrust an investigation company to collect evidence. Investigation companies often have some criminal investigation and special personnel with professional investigation skills and equipment, and have good cooperative relations with various government departments and information departments. Through their investigations, some secret infringements can often be revealed. 4. Notarize evidence through a notary office. One of the statutory duties of the notary office is to “preserve evidence.” The law presumes that notarized evidence is true. Making full use of notary agencies to collect and preserve evidence is an important choice in pre-litigation preparations. 5. Apply to the court for pre-litigation evidence preservation. After preservation measures are taken, the parties or interested parties shall file a lawsuit within the statutory time period. If no lawsuit is filed in court, such preservation measures should be lifted, or the relevant evidence should be destroyed or returned, and the applicant will also be liable for compensation for the losses caused. 6. Apply to the court to obtain evidence. When filing a trademark infringement lawsuit, file an application for evidence collection and apply to the court for investigation and evidence collection. The evidence obtained is usually divided into three categories: first, preserving the alleged infringing product; second, investigating the financial account books of the alleged infringing unit in order to determine the amount of compensation; third, obtaining evidence of infringement by the alleged infringer. The above knowledge is the editor's answer to relevant legal issues. If a party is complained of infringing on other people's trademark rights, the party can provide evidence to prove that it has not infringed the trademark rights, such as obtaining the right to use the trademark in accordance with the law, or proving that the goods were obtained legally, etc. If you need legal help, please come to us for legal consultation.