First, how to sue the other party for infringement
After a dispute occurs, it is suggested that both parties negotiate first; If negotiation fails, you can go to court to sue for rights protection.
There are two ways of prosecution: written prosecution and oral prosecution. A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. The prosecution must meet the following conditions: the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; There is a clear defendant; There are specific requests, facts and reasons; It belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court under appeal.
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
Second, what are the infringements?
The administrative department for industry and commerce shall investigate and deal with the following trademark infringements according to law and protect the exclusive right to use registered trademarks:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) Causing other damages to the exclusive right to use a registered trademark of another person, including but not limited to: using a mark identical with or similar to another person's registered trademark as a commodity name or decoration to mislead the public; Deliberately providing convenient conditions such as warehousing, transportation, mailing and concealment for infringing upon the exclusive right to use a registered trademark of others.
Third, the materials that should be submitted for infringement.
(1) Complaint: The name, address, telephone number and trademark right of the complainant shall be listed; (If there is a trademark agency, the name, address and telephone number of the agency shall also be listed); The name, address, infringement facts and relevant information of the respondent; The legal basis and requirements of the complaint and the date of the complaint.
(2) Business license and its copy.
(3) the trademark registration certificate and its copy.
(4) Evidence of infringement: including infringing objects, trademark marks, relevant bills and photos.
(5) Power of attorney.
The above information about how to sue the other party for infringement is mainly about how to sue the other party for infringement. According to the above analysis, we know that this situation can be defended by complaining to the other party. If you have any legal questions, please consult a lawyer!