Legal analysis: 1. Rights evidence: used to prove that the right holder has exclusive rights to the trademark or the right to license the trademark. (1) If a trademark registrant files a lawsuit, he shall submit documents proving the authenticity and validity of his trademark rights, including the trademark registration certificate. (2) If sued by an interested party such as a trademark licensor, the registered trademark license contract, materials filed with the Trademark Office and a copy of the trademark registration certificate should be submitted. If it has not been filed, a certificate from the trademark registrant or other evidence proving that it enjoys rights must be submitted. (3) If the heir to the trademark property right files a lawsuit, he shall submit evidence of the inheritance or ongoing inheritance. In addition, the above three categories of people must provide their own identity information or basic information about the company to prove that the individual or company is the right holder on the trademark rights certificate. (4) If the trademark is a well-known trademark, a famous brand or a Chinese time-honored brand, which enjoys a certain degree of influence and popularity, evidence such as well-known trademark identification materials, famous brand certification or Chinese time-honored brand certification materials must also be provided. (5) Data on the sales, advertising and publicity of the rights holder’s products to prove that the rights holder’s trademark rights have been in use. 2. Evidence of infringement: used to prove that the infringer has committed or is about to commit trademark infringement. (1) The physical object of the infringing goods (2) The invoice for purchasing the infringing goods (3) Notarization of the process of purchasing the infringing goods 3. Evidence of compensation: Used to prove that the amount of compensation proposed has a factual basis. The plaintiff should submit evidence to prove the amount of compensation it proposes. Generally divided into two types: (1) Evidence of the benefits obtained by the infringer due to the infringement during the infringement period. (2) Evidence of the losses suffered by the infringed party due to the infringement during the infringement period. Including invoices of reasonable expenses paid by the infringer to stop the infringement (such as appraisal fees, notary fees, lawyer fees, industrial and commercial filing fees, etc.) and other evidence. Since in practice, it is difficult for the right holder to directly prove the amount of losses or the illegal gains of the infringer, the amount of compensation is generally determined by the court.
Legal basis: Article 57 of the "Trademark Law of the People's Republic of China" Any of the following acts is an infringement of the exclusive right to register a trademark:
(1) ) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;
(2) Using the same kind of trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant Similar trademarks, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Counterfeiting or manufacturing other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Replacing the registered trademark without the consent of the trademark registrant and replacing the replaced trademark The goods are put into the market;
(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;
(7) Giving Any other damage caused by the exclusive right to use a registered trademark of others.