Trademark infringement has always been a headache for many trademark owners. Without the permission of the trademark owner, they use the same or similar trademarks on the same or similar goods, or interfere with other things. Acts that prevent trademark owners from using their registered trademarks and damage the legitimate rights and interests of trademark owners are trademark infringement.

Of course, considering the financial problems of many small and medium-sized enterprises, they will choose to handle trademark litigation by themselves, so today we will talk about the main process of trademark litigation.

Infringement of the exclusive right to use a trademark:

1. The act of using a trademark identical with or similar to a registered trademark on the same or similar goods without the permission of the registered trademark owner.

2. the act of changing a registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again.

3. selling goods that infringe on the exclusive right to use a registered trademark. If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation, but you still need to bear the responsibility of stopping the infringement.

4. the act of forging or making a registered trademark of another person without authorization or selling a forged or made registered trademark without authorization.

5. on the same or similar goods, using the same or similar signs as the registered trademarks of others as the product names and packaging, misleading the public.

6. Deliberately providing convenient conditions such as warehousing, transportation, mailing, concealment, etc. for acts that infringe upon the exclusive right to use a registered trademark of others.

7. using words identical or similar to others' registered trademarks as the name of the enterprise or prominently using them on the same or similar goods is likely to mislead the relevant public.

8. registering words identical or similar to others' registered trademarks as domain names, and conducting e-commerce activities related to commodity transactions through this domain name, which is likely to mislead the relevant public.

specific process of trademark lawsuit

You are the plaintiff:

First of all, you need to confirm who the defendant is. If the defendant is a citizen, you need to provide his name, age, nationality, address and other information. Assuming that you don't know these information, you need to go to the police station where the other party's household registration is located to obtain the household registration certificate. Of course, this must be obtained in the name of a law firm!

if the defendant is a company, enterprise or self-employed, you need to know the relevant industrial and commercial registration information of the company, and if necessary, you need to go to the industrial and commercial bureau to obtain the basic registration information of the unit.

after you know the basic information of the defendant, you should write a civil lawsuit, which is a very important step in litigation. Whether the format of the complaint is correct or not will affect whether the court files a case, whether the defendant's information is correct or not, whether other defendants are omitted will affect who will bear the legal responsibility, and whether the litigation request and reasons are appropriate will directly affect the success or failure of the case. At the same time, there must be some evidence and legal provisions to support the reasons for the complaint. The number of complaints should be printed according to the number of defendants. If it is a defendant, two copies should be submitted to the court. If there are two defendants, you need to submit three copies, and so on.

when you are ready, you can first submit the lawsuit and evidence, as well as a copy of the plaintiff's ID card, etc. If it is accepted, you will receive a notice of payment, and then you will pay the litigation fees. After that, the court will arrange the date and give you a summons to inform you of the date, time and place of the court session, as well as the judges and clerks.

It's time for the court session. You should attend the court on time. If you are late, the court will think that you have waived your rights and will handle it as a withdrawal. After appearing in court, the judge's clerk will verify the identities of both parties and then enter the trial stage.

At the trial stage, the judge first asks you if you want to apply for the judge's withdrawal. If you confirm that the judge and the defendant are relatives or other close relationships, then you say that you want to withdraw, otherwise you say that you don't need it, and then declare a formal trial. The plaintiff will be asked to read the lawsuit first, and then the defendant will reply after reading it. Then the original and the defendant will submit corresponding evidence, and both sides will cross-examine each other's evidence.

This is the most crucial step in the trial. You must carefully cross-examine the authenticity, relevance and legality of all the evidence of the other party. Don't accept the evidence that the other party is not sure about. Once you accept the evidence of the other party, the clerk will record it. If you want to go back on your word, it will be too late. After the evidence is argued, it will enter the debate stage between the two sides. Generally, the judge will give each side a chance once or twice. At the end of the debate, the judge usually asks both parties if they want to mediate. If both parties agree to mediate, the judge will mediate. There are generally two kinds of mediation, either face-to-face or back-to-back. If mediation is unsuccessful, the judge will announce an adjournment and decide on another day.

If you are not satisfied with the judgment after you get it, you should appeal within the statutory time limit from the date you get it. You should write an appeal according to the first-instance judgment, facts and laws, and then submit it to the trial judge, who will submit it to the court of second instance together with your first-instance information.

You must pay the appeal fee within the specified time. The time and method of paying the appeal fee are stated at the end of the judgment, and the court will not inform or prompt you again. If you miss it, then you can't appeal, as if you had withdrawn your appeal.

if you don't want to appeal, and the other party doesn't appeal, but the other party doesn't want to compensate you for the loss, then you should file a case with the court for enforcement and enter the enforcement procedure.

if you are still dissatisfied with the judgment or ruling that has come into effect, you can apply for a complaint. Write a complaint and submit it to the local court or the people's court at the next higher level.

But many friends are wondering whether to hire a lawyer or not. First of all, you know the role played by lawyers in the case. In fact, in ordinary trademark lawsuits, lawyers are completely unnecessary.