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Model application for trademark preservation
Application for evidence preservation: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the witness is likely to die of aging or disease, the articles used as evidence in the future will easily rot and deteriorate. 2. It may be difficult to obtain evidence in the future. For example, the witness will go abroad. Although it is difficult to obtain, it does not mean that it cannot be obtained, but it will affect the timely handling of cases and even the quality of handling cases, so it should be preserved in time. 3. Evidence preservation should be carried out before the court session. "Not later than seven days before the expiration of the time limit for presenting evidence." Therefore, the preservation of evidence should also be completed before the trial. If the evidence is newly discovered during the trial, it can be directly provided to the people's court or collected by the people's court, and it is not necessary to preserve the evidence. As long as one of the above conditions is met, preservation measures can be taken. Such as witness testimony, physical evidence, documentary evidence, etc. May be the object of security. Three. Evidence preservation procedure Evidence preservation measures are generally taken by the court according to the applicant's application. However, when the court deems it necessary, it may also take the initiative to take evidence preservation measures ex officio. The person who applies for evidence preservation measures is usually a party, but in some cases, it can also be an interested party. For example, according to the Interpretation of Applicable Laws on Stopping Infringement of the Exclusive Right to Use a Registered Trademark before Litigation and Preserving Evidence promulgated by the Supreme People's Court on June 9, 2002, the trademark registrant or interested party may apply to the people's court for preserving evidence. Evidence preservation measures can be taken not only at the time of prosecution or after the court accepts the lawsuit and before the trial, but also before the prosecution. In the former case, the court may act on the application of the applicant or take action on its own initiative when it deems it necessary. In the latter case, the applicant can submit it to the competent court or the notary office where the evidence is kept. But at this time, both the court and the notary office can only take preservation measures according to the applicant's application, and can't take the initiative to take evidence preservation measures according to their functions and powers. Where an application for evidence preservation is filed with the court, a written application shall be submitted, stating: (1) the parties and their basic information; (2) The specific content, scope and place of applying for evidence preservation; (3) The object that the evidence requested for preservation can prove; (4) the reasons for the application, including a specific explanation that the evidence may be lost or difficult to obtain later, and the parties and their agents ad litem cannot collect it by themselves due to objective reasons. If it is submitted to a notary office, it shall submit a notarization application form. The notarization application form shall include the following contents: (1) the purpose and reason for applying for evidence preservation; (2) The type, name, location and current situation of the application for evidence preservation; (3) the way of evidence preservation; (4) Other contents that should be explained. The scope of evidence preservation should be limited to the scope of the applicant's application. 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. After receiving the application, if the court considers that the conditions for taking evidence preservation measures are met, it shall order to take evidence preservation measures; If it does not meet the requirements, it shall rule to reject the application. If the applicant fails to file a lawsuit within 15 days after the people's court takes the evidence preservation measures, the people's court shall revoke the measures taken by the ruling. The above is the correct format of the sample application for trademark preservation.