What Should You Do If Your Business Trademark Is Infringed?
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What Should You Do If Your Business Trademark Is Infringed?

Complaints and reports of trademark infringement are increasing. This aspect reflects the increasing awareness of corporate rights protection, but it also shows that a large number of legitimate trademark rights in society are being infringed by more and more illegal people. So what kind of behavior will be assessed as trademark infringement, and what are the key points and difficulties in trademark infringement judgment?


Trademark forensics requires the collection of the following evidence


1. Evidence that the trademark is used on the commodity


(1) Products marked with trademarks, packaging of goods, containers, labels, attached signs, product brochures, instruction manuals, price lists, etc.

(2) Transaction documents related to the sale of goods, including commodity sales contracts, invoices, bills, receipts, import and export inspection and quarantine certificates, customs declaration documents, etc.

(3) Advertisements published on media such as radio, television, or advertisements published in publicly-published publications, as well as billboards, postal advertisements, or other forms of advertisements.

(4) Prints and other materials used in the exhibitions and exhibitions using the trademark.

(5) Other evidence of trademark use in compliance with the law.



2. Evidence that the trademark is used on the service



(1) Trademarks are used in service brochures, service venue signs, store decorations, staff clothing, posters, menus, price lists, lotteries, office stationery, letterheads, and other items related to designated services.

(2) Trademarks are used in documents related to services, such as invoices, remittance documents, service agreements, maintenance and repair certificates, etc.

(3) Advertisements published on media such as radio, television, or advertisements published in publicly-published publications, as well as billboards, postal advertisements, or other forms of advertisements.

(4) Prints and other materials used in the exhibitions and exhibitions using the trademark.

(5)Other evidence of trademark use in compliance with the law.


Five methods of forensics


1. Apply for a notary office to carry out evidence preservation


One of the statutory services of a notary public is "preservation of evidence." The notarized evidence has a presumptive effect and is generally accepted directly by the court unless there is evidence to the contrary that is sufficient to overturn the notarization. The preservation of the evidence by the notary office and the preservation of the court's ex officio are basically the same.


Before the appeal, the parties can fully use the notary authorities to collect and preserve the evidence, and it is also an effective measure to prepare for the complaint.


2. Apply to the court for pre-litigation evidence preservation


According to the "Interpretation of the Law on the cessation of the infringement of the exclusive right to use registered trademarks and the law applicable to the preservation of evidence before the prosecution", it stipulates that in the case of trademark infringement cases, the evidence preservation before the complaint can be applied.


If no lawsuit is brought before the court, such preservation measures shall be dissolved, or the relevant evidence shall be destroyed or returned, and the applicant shall also be liable for the losses caused thereby.


3. Apply for the people's court to obtain evidence


If the parties are unable to obtain evidence on their own due to objective reasons, or if the parties fail to obtain key evidence, or the people's court considers that an evidence is necessary for the trial of the case, the people's court shall assume the responsibility for investigation and evidence collection.


This situation is generally divided into three categories:

(1) Preserving the alleged infringing products;

(2) Investigating the financial books of the accused infringing unit in order to determine the amount of compensation;

(3) Retrieving evidence of infringement of the alleged infringer.


There are two issues that need to be paid attention to when a party applies for court investigation and evidence collection:

(1) The scope of evidence for applying for investigation needs to meet the statutory situation;

(2) The application must also pay special attention to the time limit for proof.


The measures usually taken by the court include: taking pictures of the alleged infringing products, or using the methods of recording the technical characteristics of the infringed products, and using methods such as seizure and extraction for books and trademarks that are easy to retrieve. The financial books of the accused infringer are generally extremely difficult to obtain evidence because of the obstruction or concealment of the infringer.


4. Report evidence to the administrative organ


The parties may also report to the industrial and commercial and public security departments where the infringement is located. The above-mentioned departments may inspect and copy relevant documents and account books related to the case, ask the parties and witnesses, and conduct on-site law enforcement inspections by means of photographing and videography. If the alleged infringement of the exclusive right to use the trademark, the above-mentioned administrative law enforcement department may seize the quantity and specifications of the suspected infringing product and then seal it and take samples from it.


5. Entrusted investigation and evidence collection and rights protection


As long as we apply for registration of a trademark, the trademark may be infringed. Even if the trademark is infringed, don't panic. You can use the above methods of investigation and evidence collection flexibly, save the evidence of the use of the trademark, and make necessary preparations for future trademark protection.


Because the professionalism of trademark infringement cases is strong, it is still difficult for trademark owners to obtain evidence on their own. At this time, they can entrust an agency to collect evidence. China RedStar Corporation has a nationwide investigation team and a professional foreign language team, a team of lawyers, rich experience in handling cases and skilled litigation skills to help trademark owners to obtain evidence for rights!


According to the claims of the rights holders and the requirements of the case, RedStar tailors the rights protection strategy and plan for the rights holders and their products, effectively protects the intellectual property rights of the rights holders, helps improve the brand awareness and market share of the rights holders, and helps the health of the company. Continue to develop.



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