Introduction

How to prove that a trademark has been infringed? Obtaining evidence is very important. It is like a person breaking the law. How can we prove that this person has broken the law? This requires evidence. In the face of the law, Everything requires evidence, and the same is true for trademark infringement. Let’s take a look at how to obtain evidence after a registered trademark has been infringed.

The scope of evidence collection in trademark litigation includes:

1. Ownership evidence. The party is the owner of the right for the purpose of proving the ownership of the trademark right.

2. Evidence of infringement. Prove that the defendant has committed or is committing an infringement. For example, the defendant’s promotional materials, the defendant’s product samples or photos, the defendant’s product sales contract, etc.

3. Evidence of damages. In a serious trademark infringement lawsuit, if the plaintiff requires the defendant to compensate, he should submit the relevant calculation method for the amount of compensation.

There are three methods for calculating the amount of compensation for infringement of trademark rights:

1. For the benefits gained by the infringer during the infringement period, the amount of compensation can be calculated based on the sales volume of the infringing product and the unit profit of the product. Product calculation;

2. Calculation of unit profit of the product;

3. When determining the amount of compensation, the people's court mainly considers the nature, period and scope of the infringement, the trademark's Reputation, expenses for stopping infringement and other factors are comprehensively determined.

4. Evidence about the infringer. This type of evidence is mainly evidence that proves the situation of the infringer. This type of evidence mainly proves the infringer’s exact name, address, business nature, registration nature, registered capital, number of personnel, business scope, etc.

So what are the mobile methods for trademark infringement litigation?

Entrust a lawyer to investigate and collect evidence

It will be difficult for the right holder to collect evidence by himself. Trademark rights The case is highly professional. Evidence collection by professional lawyers is objectively more practical and effective. They clarify the scope of evidence and are more precise. They often have higher credibility in judicial practice.

Apply to the court for pre-litigation evidence preservation

Relevant laws provide that in trademark infringement cases, you can apply 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 be liable for compensation for the losses caused.

Report to administrative agencies and obtain evidence

After reporting to the industrial and commercial and public security departments where the infringement is located, the appeals department can review and copy the contracts, account books and other relevant documents related to the case, and question the parties and witnesses , if photography, video and other methods are used to conduct on-site law enforcement inspections and are suspected of infringing the exclusive rights of trademarks, the above-mentioned administrative law enforcement departments can count the quantity and specifications of the suspected infringing products and then seal them and take samples from them.

Apply for evidence preservation by the notary public

One of the legal tasks of the notary public is to “preserve evidence”. Notarized evidence has the effect of being presumed to be true and is generally directly accepted by the court, unless there is contrary evidence sufficient to overturn the notarized evidence. The effect of the preservation of evidence by the notary public is basically the same as the preservation by the court in accordance with its authority. Before litigation, the parties can make full use of the notary office's mobile phone and preserve evidence, which is an effective measure to prepare for litigation. Trademark litigation