Core tip: How to defend your rights if a trademark is infringed? First, we must understand what behaviors constitute trademark infringement. First, we must understand what behaviors constitute trademark infringement. After that, the first step is to collect evidence. The second step is Request the industrial and commercial administrative department to handle it. The third step is to file a lawsuit in court. The legal experience editor will introduce it to you in detail in this article.

First of all, we must understand what actions constitute trademark infringement.

If trademark infringement meets the following four elements, it constitutes an infringement of selling goods with counterfeit registered trademarks:

1. There must be an illegal act, that is, the perpetrator has committed The act of selling counterfeit registered trademark goods;

2. There must be a fact of damage, which means that the perpetrator’s act of selling counterfeit trademark goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

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 rights holder has collected comprehensive, accurate and sufficient evidence of infringement is directly related to the court’s final fact finding and ruling, and is also the main basis for calculating loss compensation. Play a role in effectively safeguarding the legitimate rights and interests of trademark rights holders

Step 2: Request the industrial and commercial administrative department to handle it.

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. Trademark infringement