How does the plaintiff in a trademark dispute investigate and collect evidence?

(1) The plaintiff should submit the following rights evidence to prove that it enjoys trademark rights or the right to license the trademark:

Trademark If the registrant files a lawsuit, he shall submit documents proving the authenticity and validity of his trademark rights, including the trademark registration certificate.

If an interested party files a lawsuit, it 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 the exclusive use license contract may sue the People's Court separately; the licensee of the exclusive use license contract and the trademark registrant may sue jointly, if the trademark registrant does not sue. , you can initiate a lawsuit on your own, but you must submit evidence proving that the trademark registrant is aware that infringement has occurred and has expressly given up or will not prosecute; licensees under a general license contract may file a lawsuit with the express authorization of the trademark registrant.

If the heir to the trademark property rights sues, he shall submit evidence that he has inherited or is in the process of inheriting.

(2) The plaintiff should submit the following infringement evidence to prove that the defendant has committed or is about to commit trademark infringement:

The plaintiff should submit the accused infringing products and their sales invoices, etc. evidence.

(3) The plaintiff should submit the following evidence of compensation to prove that the amount of compensation it proposes has a factual basis:

The plaintiff should submit evidence that can prove the amount of compensation it proposes. Evidence of the losses suffered by the infringer due to the infringement during the period of infringement or evidence of the benefits obtained by the infringer due to the infringement during the period of infringement, including evidence of reasonable expenses paid by the infringer to stop the infringement. If the benefits gained by the infringer due to the infringement or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. Evidence submitted by the defendant in trademark civil litigation

1. Defense of the subject's qualifications for litigation: Provide evidence to defend the plaintiff's subject qualifications, ownership of trademark rights, etc.

2. Trademark right invalidation defense: provide evidence to defend the validity of the plaintiff’s trademark right.

3. The use of trademarks does not constitute a defense against infringement of the exclusive rights of others’ registered trademarks.

4. Legal source defense, provide exact legal source evidence. Procedures for trademark civil litigation

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

The first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases. Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark or infringement of the special protection rights of a well-known trademark shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the defendant is domiciled.

2. Case filing: If the court considers that the case filing conditions are met after review, the court will notify the parties to pay the litigation fees within 7 days, and the case will be filed after paying the fees.

3. After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will respond within 15 days.

4. Evidence exchange.

5. Held in court.

6. If the collegial panel makes a ruling after consultation, if you are not satisfied with the ruling, you may appeal to the higher people's court within 10 days from the date of service; if you are not satisfied with the judgment, you may appeal to the higher people's court within 15 days from the date of service. appeal. What are the ways to resolve civil trademark disputes?

According to Article 53 of the Trademark Law, civil disputes that infringe upon the exclusive right to use a registered trademark generally have the following ways to resolve:

1. Negotiation . Trademark infringement disputes can be resolved through negotiation between the parties.

2. Request the industrial and commercial administration department for processing. However, when the industrial and commercial administrative department handles an infringement dispute upon request, it can only order the infringer to stop the infringement on the premise of determining the infringement, and impose penalties such as confiscation, destruction of infringing goods or fines, but it cannot make enforceable decisions on compensation issues. .

3. File a lawsuit in court. The trademark registrant or interested party may file a civil lawsuit with the competent people's court in accordance with the law. The court can make judgments on issues such as whether there is infringement and the amount of compensation.

The jurisdictional court for trademark civil dispute cases

First of all, the level of jurisdiction of trademark cases is different from the level of jurisdiction of general civil cases. According to the "Interpretation of the Supreme People's Court on Issues concerning Jurisdiction and Scope of Legal Application in the Trial of Trademark Cases" "" provides that first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases.

Regional jurisdiction shall be determined in accordance with the following principles:

1. Cases of infringement of trademark exclusive rights:

Litigation filed due to infringement in accordance with the provisions of the Civil Procedure Law , shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. Therefore, cases of trademark infringement are generally under the jurisdiction of the intermediate people's court at the place where the infringement occurred or where the defendant is domiciled, or the grassroots court with jurisdiction over trademark cases. The place of infringement can be determined based on the provisions of Article 6 of the "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks". A civil lawsuit filed due to an infringement of the exclusive right to use a registered trademark shall be determined by the place where the infringement is committed and the storage of the infringing goods. The people's court has jurisdiction over the place where the case was seized or the place of seizure or the defendant's domicile. The storage place of infringing goods refers to the place where infringing goods are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, industry and commerce and other administrative agencies seal and detain infringing goods in accordance with the law. For the same lawsuit filed by multiple defendants involving different places where the infringement was committed, the plaintiff can choose the jurisdiction of the people's court where the infringement of one of the defendants was committed; for a lawsuit filed only against one of the defendants, the plaintiff can choose the place where the defendant's infringement was committed. The People's Court has jurisdiction.

2. Trademark contract dispute cases:

According to the provisions of the Civil Procedure Law, lawsuits filed due to contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but this law's provisions on hierarchical jurisdiction and exclusive jurisdiction shall not be violated. If the place of performance agreed upon by the parties is inconsistent with the actual place of performance, the actual place of performance shall prevail. Therefore, the intermediate people's court in the above location or the basic people's court with jurisdiction over trademark cases has jurisdiction. For trademark cases where contractual liability and tort liability are concurrent, the competent court shall be determined according to the cause of action chosen by the parties.

3. Trademark ownership dispute cases:

The intermediate people's court at the defendant's domicile or the basic people's court with jurisdiction over trademark cases at the defendant's domicile shall have jurisdiction.

4. Pre-litigation cessation of infringement and preservation cases:

According to the Supreme People's Court's "Interpretation on Legal Issues Concerning Pre-litigation Cessation of Infringement of Registered Trademark Exclusive Rights and Preservation of Evidence" It stipulates that an application for an order to stop infringement of the exclusive right to use a registered trademark or to preserve evidence before litigation should be filed with the people's court that has jurisdiction over trademark cases at the place where the infringement occurred or where the respondent is domiciled.

The above is the trademark litigation plaintiff provided by the editor. I hope you will like it!