After determining trademark infringement, there are three steps:
Step one: collect evidence. Evidence is an important factor in determining the outcome of a case. Whether the right holder collects evidence of infringement in a comprehensive, accurate and sufficient manner is directly related to the court’s final fact finding and judgment. It is also the main basis for calculating loss compensation and effectively safeguards trademark rights. the role of people’s legitimate rights and interests.
Step 2: Request the industrial and commercial administration department for processing. It can be either the industrial and commercial administrative department where the infringer is located, or the industrial and commercial administrative department where the infringement occurred.
Step 3: File a lawsuit in the People’s Court. Trademark infringement cases may be under the jurisdiction of the People's Court of the place where the infringement occurred or where the infringer is located. In this regard, the infringed party can freely choose the place where the infringement occurred or the people's court where the infringer is located to file a lawsuit. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction.
If your company has trademark registration, rights protection and other needs, you are welcome to contact the senior trademark consultant of the Qizhidao platform for detailed consultation.