Are you suffering from these problems? Trademark infringement, how to protect trademark rights? What should I do if my hard-written novel is plagiarized by others? What if the basic program fails to protect trademark rights? What should I do if the trademark application is rejected and the reexamination fails? The trademark is not allowed to be registered. What if the previous hard work is wasted? Who should I ask for help when others maliciously use their trademarks and infringe on their own rights and interests? And so on, every problem you have about intellectual property rights can be solved by Bajie Intellectual Property Trademark Transfer Network. Then, what is the main process of trademark infringement litigation in Tangshan?

The main process of trademark infringement litigation in Tangshan

The basic process of trademark litigation is as follows:

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

cases of first instance in trademark civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level. The higher people's courts may, according to the actual situation in their respective jurisdictions 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 in the place where the infringement was committed, the place where the infringing goods were stored, or the place where the seizure was made or the defendant's domicile was located.

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

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

4. evidence exchange.

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

5. Open a court session.

if it is a well-known trademark, a certificate of well-known trademark is required.

6. if the collegial panel makes a collegial decision and refuses to accept the decision, it shall appeal to the people's court at a higher level within 1 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.

Matters needing attention in trademark litigation in p>218. The collegial panel made a collegial decision. If it refuses to accept the decision, it shall appeal to the higher people's court within 1 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 a registered trademark?

1. using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the registered trademark owner;

2. manufacturing or selling the registered trademarks of others without authorization;

3. After the parties who have caused other damages to the exclusive right to use a registered trademark of others bring a lawsuit to the people's court, such cases will be tried by the Economic Chamber of the people's court.

to sum up, because a trademark is not like the physical property that we can touch at ordinary times, we can judge whether it has been infringed by superficial examination, so when the trademark rights are infringed, we can only ask the judge to make an appropriate judgment according to the relevant facts and trademark laws, and all the parties need to do in the litigation process is to prepare sufficient proof materials.