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 and file a case after paying the fees.
3. After acceptance, the court will send a copy of the complaint to the other party, and the other party will reply.
4. Exchange evidence.
5. Hold a trial.
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.
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
How to identify trademark infringement;
The basic function of trademarks is to enable consumers to easily identify these goods and services and their sources when purchasing them. There are also identical or similar trademarks in the market, which are mainly influenced by relevant consumers and specific operators.
Therefore, after the trial, the judge should return to this situation when he finds that the screened trademarks are the same or similar, taking the attention of relevant consumers and specific operators as the standard. This concern is not the concern of relevant experts in this field. If the expert's attention is too professional, the judgment standard may be too strict.
However, it is not a careless consumer's attention that can distinguish it from the average consumer. Judging from their attention, it may be too wide, and there may be the same or similar trademarks that have been formed.
We should choose the most relevant common, common and common concerns of the public as the standard. This involves the judgment of the subject's behavioral ability, which is the subjective standard for identifying the same or similar trademarks in trial practice.
In the process of analyzing, judging and adopting relevant evidence as the basis for deciding a case and making evaluation evidence, judges should adhere to the standards that are generally concerned by the relevant public.
For enterprises, what is the best way to deal with trademark infringement?
Enterprises can defend their rights through legal channels, and of course, they can also find professional teams to help defend their rights. Whale protection is a project of Beijing Bisuwu Technology Co., Ltd., focusing on brand infringement maintenance business. It aims to provide users with one-stop service for investment promotion and franchise infringement, including but not limited to cracking down on a series of illegal acts that endanger the legitimate value and rights of brands, such as false advertising, false franchise, false fraud and false sales.