If you find that a trademark has been counterfeited, how should you collect relevant evidence? What evidence is valid to submit? The editor has compiled a list of how to collect evidence of counterfeit trademarks to share with everyone. Welcome to read, for reference only!
What are the acts that infringe on trademark rights?
The acts that infringe upon trademark rights include the following:
First, without the permission of the trademark registrant, infringement of trademark rights in the same category The act of using a trademark that is identical or similar to a registered trademark on goods or similar goods is also called use infringement.
The second is the act of selling goods that infringe the exclusive rights of a registered trademark, which is a trademark infringement in the circulation field, also known as sales infringement.
The third is the act of forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks, also known as trademark infringement.
Fourth, the act of replacing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market is called reverse counterfeiting abroad.
Fifth, acts that cause other damage to the exclusive right to use registered trademarks of others.
What evidence should be submitted in trademark litigation?
The parties should submit three types of evidence: rights evidence, infringement evidence, and compensation evidence. In cases of trademark infringement disputes, the parties concerned shall submit the following evidence:
(1) The trademark registrant shall submit documents proving the authenticity and validity of its trademark rights, including the trademark registration certificate.
Interested parties should submit the registered trademark license contract, materials filed with the Trademark Office and a copy of the trademark registration certificate. If it has not been filed, a certificate from the trademark registrant or other evidence proving that it enjoys rights must be submitted.
The licensee of an exclusive license contract may sue the People's Court individually. The licensee of an exclusive use license contract may file a lawsuit with the trademark registrant, or he may file a lawsuit on his own without the trademark registrant filing a lawsuit. However, the licensee shall submit that the trademark registrant is aware of the infringement and has expressly waived it. Documents proving whether to sue or not to sue; the licensee of a general use license contract may sue with the express authorization of the trademark registrant.
The heir to the trademark property rights shall provide evidence that he or she has inherited or is inheriting the property.
(2) Submit evidence proving that the defendant has committed or is about to commit infringement of its trademark rights, including evidence of the accused infringing products, sales invoices, etc.
(3) Submit evidence of the amount of compensation, that is, the losses suffered by the infringer due to the infringement during the infringement period or the benefits gained by the infringer due to the infringement during the infringement period, including the infringer's efforts to stop the infringement. Reasonable fees paid for the conduct. If the above-mentioned losses are difficult to determine, the plaintiff may apply to the People's Court to award a compensation amount of less than 500,000 yuan based on the circumstances of the infringement.
What are the conditions for trademark litigation evidence
(1) It must be an objective fact
An objective fact means that it is not based on people’s subjective will. Transferred objective things. The disputes in any case exist objectively and are related to certain people and things. The occurrence of trademark disputes between the parties, the occurrence, changes and consequences of infringement of the exclusive rights to registered trademarks, and the parties The disputes between the two parties will inevitably leave traces objectively or be reflected in people's minds. All of these are objective and independent of anyone's will. Any so-called facts that fall into subjective categories such as assumptions, guesses, and conjectures cannot be used as evidence in trademark litigation. Such objectively existing facts must be accurate and can serve as proof; if they are true but inaccurate, they cannot be used as litigation evidence. This is the objectivity of litigation evidence, which is the first and most important condition for trademark litigation evidence.
(2) It must be objective facts that are intrinsically related to the case.
There are many objective facts, but not all objective facts can become evidence in trademark litigation. Only objective facts that are intrinsically related to trademark dispute cases can become litigation evidence. The main manifestations of this connection are:
1. It is connected with the main facts of the case, that is, it is connected with the fact that the rights and obligations between the parties occur, change, and disappear.
2. It is related to the secondary facts of the case, that is, it is related to other facts other than the main facts but within the scope of the case. For example, the jurisdiction of the case, the qualifications of the parties, etc.
3. It is related to the negative situation of the case, that is, it proves that the facts of the case do not exist, the facts and reasons for the plaintiff’s lawsuit are untrue, etc.
This connection exists objectively and is also a manifestation of objectivity. This is the relevance of litigation evidence.
(3) It must be an objective fact that is allowed by law to be used as litigation evidence
Although it is an objective fact and is intrinsically related to the case and meets the above two important conditions, it may not necessarily be It can be used as evidence in civil litigation, but there is also the issue of the permissibility of evidence. According to the provisions of the "Trademark Law", "General Principles of Civil Law" and other laws, there are special requirements for the creation, change and elimination of certain specific legal relationships. Only evidence that meets these special conditions can be recognized and allowed to be used in litigation. use. For those facts that do not meet special conditions, although they are objective facts that are intrinsically related to the case, they are not allowed to be used as litigation evidence and cannot play a proving role. For example, Article 40 of the Trademark Law stipulates that a trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The trademark license contract shall be reported to the Trademark Office for filing. This is a formal requirement for signing a trademark license contract. Whenever a trademark registrant permits others to use its registered trademark, it must be in writing, that is, by signing a written contract; otherwise, it does not comply with the provisions of Article 40 of the Trademark Law, and it will be deemed that there is no trademark licensing contract between the parties. established. If a trademark licensing dispute occurs and the parties request judicial protection from the people's court, they must use a written contract as evidence to prove the establishment of the trademark licensing contract; otherwise, it will be deemed that no trademark licensing contract has been established, that is, the Trademark Law Evidence in the form of oral promises is not allowed to prove the existence of a trademark licensing contract between the parties. This provision on the permissibility of litigation evidence is unique to civil litigation and is of great significance to maintaining the normal order in the trademark field.
(4) It must be objective facts obtained in accordance with legal procedures
According to the provisions of the Civil Procedure Law, even if there is objective evidence that is intrinsically related to the case and is permitted to be used by law, It must also be collected in accordance with legal procedures before it can enter civil litigation procedures and become civil litigation evidence. Whether it is provided to the People's Court by the parties and their litigation agents, or it is investigated and collected by the People's Court judges themselves, the legal procedures for obtaining certification materials must be followed. Obtaining the legality of litigation evidence not only ensures that true and useful certification materials enter the litigation process, but is also necessary to maintain social order and litigation order. It can effectively prevent chaos and illegal behavior in evidence collection, so as to avoid obtaining necessary certification materials. cause losses.
The above is how to collect evidence of counterfeit trademarks provided by the editor. I hope it will be helpful to everyone.
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