The preservation evidence of trademark infringement mainly needs to go through the following processes:
1. jurisdiction: submit to the people's court with jurisdiction over trademark infringement cases.
2. Application: When applying to the people's court, the trademark registrant or interested party shall submit a written application and pay the fee. If the applicant's application for pre-litigation evidence preservation may involve the property loss of the respondent, the people's court may order the applicant to provide corresponding guarantees.
3. Ruling and notice: After accepting the application, the people's court shall make a written ruling within 48 hours if it meets the requirements after examination.
4. Execution of the ruling: If an order is made to take protective measures, it shall be executed immediately.
5. Termination of ruling: If the trademark registrant or interested party does not bring a lawsuit within 15 days after the people's court takes the preservation measures, the people's court will lift the preservation measures.
According to the provisions of Article 58 of the Trademark Law of People's Republic of China (PRC), in order to stop the infringement, the trademark registrant or interested party may apply to the people's court for evidence preservation before prosecution, if the evidence may be lost or difficult to obtain later.
Second, how long is the limitation of trademark infringement litigation?
China's Trademark Law and its implementing regulations do not clearly stipulate the limitation of action for infringement of trademark rights. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, the limitation of action for infringement of the exclusive right to use a registered trademark is two years, counting from the date when the trademark registrant or interested party knows or should know about the infringement.
Where a trademark registrant or interested party files a lawsuit for more than two years, and the infringement continues when the lawsuit is filed, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use a registered trademark, and the amount of compensation for infringement damages shall be calculated forward for two years from the date when the obligee files a lawsuit with the people's court.
In addition, according to the provisions of the General Principles of the Civil Law on the limitation of action, the limitation of action is calculated from the time when you know or should know that your rights have been violated. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action.
In fact, trademark infringement can be solved through consultation, administrative means and bringing a lawsuit to the people's court. However, under the limitation of tort, if negotiation fails, it is suggested to use other channels to protect rights immediately to avoid wasting time.
To sum up, trademark infringement cases involving complex issues will certainly produce a lot of evidence, but most of the evidence is very easy to be destroyed or destroyed. Therefore, in order for the infringed person to truly obtain the evidence and hand it over to the judge as the basis for judging the case, it is necessary to request the compulsory court to carry out comprehensive protection.