Do you have these problems? Trademark infringement, how to protect trademark rights? What if the novel I worked so hard to write is copied by others? What if the basic program fails to protect trademark rights? What if the trademark application is rejected and the retrial fails? This trademark is not allowed to be registered. What if the previous hard work was in vain? Who should others ask for help when they maliciously use their own trademarks and infringe their own rights and interests? By analogy, every question you have about intellectual property rights can be solved by Bajie Intellectual Property Trademark Transfer Network. So, what is the main process of trademark infringement litigation in Xiamen?

The main process of trademark infringement litigation in Xiamen

The basic process of trademark litigation is as follows:

1. Prosecution: Submit a complaint to a court with jurisdiction.

The people's courts at or above the intermediate level have jurisdiction over trademark civil dispute cases of first instance. The Higher People's Court may, according to the actual situation in its jurisdiction and with the approval of the Supreme People's Court, designate 1-2 grass-roots people's courts in larger cities to accept trademark civil dispute cases of first instance. A civil lawsuit brought for infringement of the exclusive right to use a registered trademark and infringement of the special protection right of a well-known trademark shall be under the jurisdiction of the people's court of the place where the infringing act is committed, the place where the infringing goods are stored, the place where they are detained or the place where the defendant has his domicile.

2. Filing a case: If the court considers that it meets the conditions for filing a case, it shall notify the parties to pay the legal fees within 7 days, and file a case after paying the fees.

3. After the court accepts the complaint, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days.

4. Exchange evidence.

If the trademark owner feels it necessary to preserve the evidence of the infringer's infringement before the lawsuit, he needs to submit an application for evidence preservation. The obligee provides the subject qualification documents, the certificate of rights, the infringed product and the actual use of the infringing product, etc.

5. Hold a trial.

If it is a well-known trademark, a well-known trademark certificate is required.

6. If the collegial panel makes a collegial ruling and refuses to accept the ruling, it shall appeal to the people's court at a higher level within 10 days from the date of service; Those who refuse to accept the judgment shall appeal to the people's court at a higher level within 15 days from the date of service.

20 18 matters needing attention in trademark litigation: if the collegial panel makes a collegial decision and refuses to accept it, it shall appeal to the higher people's court within 10 days from the date of service; Those who refuse to accept the judgment shall appeal to the people's court at a higher level within 15 days from the date of service.

What are the acts of infringing registered trademarks?

1. Without the permission of the registered trademark owner, using the same or similar trademark on the same or similar goods;

2. Making or selling registered trademarks of others without authorization;

3. If other damages are caused to the exclusive right to use a registered trademark of another person, the parties concerned shall bring a suit in a people's court, and the case shall be tried by the economic court of the people's court.

To sum up, because a trademark is not like tangible property that we can touch at ordinary times, we can judge whether it is infringed by superficial examination, so when the trademark right is infringed, we can only ask the judge to make an appropriate judgment according to the relevant facts and trademark law, and all the parties need to do in the course of litigation is to prepare sufficient proof materials.