Legal subjectivity:
Trademark rights are intellectual property rights, and it is necessary to comprehensively collect evidence and materials to collect relevant evidence that has direct and indirect interests in the case, for example, national administrative agencies Some official documents, registration documents, notarizations, etc.; originals, originals and copies, reproductions, etc. In addition to the evidence materials that the infringed party himself should be protected legally, relevant evidence materials should also be produced to prove that the infringer caused losses and effects on the infringed party. Several different types of evidence with consistent content are better than one isolated piece of evidence, so the more strong evidence related to the case, the better. Trademark infringement can be resolved in the following ways: First, if there is one of the "infringement of trademark exclusive rights" listed in the Trademark Law, and a dispute arises, it shall be resolved through negotiation between the parties. Second, for trademark infringement disputes, if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party can file a lawsuit in the People's Court or request the industrial and commercial administration department to handle it. Third, if the lawsuit is brought to the people's court, it shall be carried out in accordance with legal procedures; if it is handled by the industrial and commercial administrative department, if the infringement is determined to be established during the handling, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and those specifically used to manufacture the infringing goods. Goods, tools for counterfeiting registered trademarks and logos, and fines may be imposed. Fourth, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law; if the infringer does not file a lawsuit or perform the infringement upon expiration of the time limit, the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement. Fifth, the industrial and commercial administrative department that handles the case can mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties can file a lawsuit with the People's Court in accordance with the Civil Procedure Law. Legal objectivity:
Article 63 of the "Civil Procedure Law of the People's Republic of China" includes: (1) Statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Witness testimonies; (7) Appraisal opinions; (8) Inspection records. Evidence must be verified to be true before it can be used as a basis for determining facts. Article 64 of the Civil Procedure Law of the People's Republic of China: The parties concerned have the responsibility to provide evidence for their claims. The People's Court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the People's Court deems necessary to hear the case. The People's Court shall comprehensively and objectively examine and verify evidence in accordance with legal procedures.