Can trademark infringement apply to the court for investigation and evidence collection?
1. Can trademark infringement apply to the court for investigation and evidence collection? 1. Evidence needed for the trial of a case in a court that fails to collect evidence on its own, or key evidence, may be collected by the people's court. It is usually divided into three categories: 1. Preserving the products accused of infringement. 2. Obtain evidence of the alleged infringer's infringement. 3. Investigate the financial account books of the alleged infringing unit in order to determine the amount of compensation. (2) Pay attention to two points when applying for court investigation and evidence collection: First, the scope of evidence applied for investigation must conform to the legal situation; Second, the application must pay attention to the time limit for proof. (3) The court usually adopts the method of leaving a certificate: 1. Take photos of the accused infringing products and record the technical characteristics; 2. Easy-to-retrieve books and trademarks in kind shall be seized and extracted. Second, the behavior of trademark infringement Because of the particularity of trademark infringement, this section lists the types of infringement so that the majority of candidates can accurately judge whether it constitutes trademark infringement. (1) The act of counterfeiting a registered trademark includes the following four situations: 1. Using the same trademark as another person's registered trademark on the same commodity; 2. Use a trademark similar to the registered trademark of others on the same commodity; 3. Use the same trademark as the registered trademark on similar goods; 4。 Use a trademark similar to another person's registered trademark on similar goods. (II) Selling goods that infringe trademark rights Pay attention to the fact that selling goods that counterfeit other people's registered trademarks constitutes infringement without knowing it as an element, which is different from patent infringement. If you sell a product that you don't know is infringing the patent right, you don't have to bear the liability for damages as long as you can explain the source. (3) Forging or unauthorized manufacturing of another person's registered trademark logo or selling a forged or unauthorized registered trademark logo; (4) Reverse counterfeiting, that is, changing the registered trademark of the trademark registrant and putting the goods with the changed trademark on the market without the consent of the trademark registrant. Note that the commodity must be put into the market again. If it is not put into the market but used by itself, it does not constitute reverse counterfeiting. (5) The situations that cause other damages to others' exclusive right to use a registered trademark mainly include: 1. On the same or similar goods, the marks that are the same as or similar to others' registered trademarks are used as commodity names or commodity decorations, misleading the public. 2. Deliberately providing convenient conditions such as warehousing, transportation, mailing, hiding, etc. for infringement of the exclusive right to use a registered trademark of others. 3. Prominent use of words that are identical or similar to other people's registered trademarks as the name of the enterprise on the same or similar goods is likely to mislead the relevant public. 4. Copying, imitating or translating a well-known trademark registered by another person or its main part is used as a trademark on different or similar goods, misleading the public, and thus the interests of the registrant of the well-known trademark may be damaged. 5. Registering words that are the same as or similar to other people's registered trademarks as domain names, and conducting e-commerce of related commodities through this domain name, is likely to mislead the relevant public.