1. Proof of prior rights of the infringed (including trademark registration certificate, patent (patent application, patent application) certificate, copyright registration certificate, award-winning certificate related to the case, etc.). ).
2. Product samples of the infringed.
3. Samples of infringing products.
4. Proof of purchasing infringing products. Here mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller and other matters.
Secondly, you should consult a professional lawyer. Professionals will make a preliminary analysis of the case and provide professional advice on the details.
There are generally two ways to deal with infringement cases.
1, administrative investigation. However, using this method alone, it is difficult to give the plaintiff the exhaustion principle, especially the issue of damages. Generally speaking, the infringer will bring economic losses to the infringed, and the complainant will invest some money and manpower to stop the infringement. Many enterprises hope that the infringer can provide some economic compensation to the infringed, so as to make up for the losses suffered by the infringed. However, because it is difficult to claim compensation through administrative organs, the rights of the infringed person cannot be exhausted.
2. Proceedings. This procedure has great power of investigation, and the complainant can ask the infringer to compensate the infringer for the losses caused by the infringement he has committed according to the relevant laws and regulations. However, the litigation procedure is relatively complicated, and it is difficult for the complainant to execute it alone without the assistance of a professional lawyer.
The specific handling method depends on the specific circumstances of different cases.
The third step is to complain or sue. When making a complaint or prosecution, we should pay attention to effectively combining facts and tone, so as to facilitate the smooth progress of the case. The complaint or indictment is the most direct factor that directly affects the progress of the case, and it is recommended to entrust a professional lawyer to complete it.
At the same time, China's Trademark Law clearly stipulates that "foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization designated by the state as an agent". In other words, foreigners or foreign enterprises should entrust organizations designated by the state to handle trademark infringement cases in China.
The fourth step, the infringer can ask the administrative department for industry and commerce at or above the county level to handle it. The relevant administrative departments for industry and commerce have the right to order the infringer to stop the infringement immediately and compensate the infringed for the losses. The amount of compensation is the profit gained by the infringer or the loss suffered by the infringed during the infringement. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may impose a fine. If a party refuses to accept the decision of the administrative department for industry and commerce to stop the infringement or impose a fine, it may bring a lawsuit to the people's court within 15 days from the date of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution. In addition, if the exclusive right to use a registered trademark is infringed, the infringed person may also bring a lawsuit directly to the people's court. Anyone who counterfeits another person's registered trademark, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed person. Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party. Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed. I hope I can help you adopt it.