How to Win Trademark Infringement Lawsuit in China

Of course, the biggest direct impact of trademark infringement is the trademark owner, and the same trademark is mixed, which may cause irreparable adverse effects on the goodwill of enterprises. Therefore, most trademark infringement cases have to be defended through judicial procedures, so one of them is naturally concerned about how to win the trademark infringement lawsuit. If you want to win the lawsuit, you can only pay attention to collecting evidence and then hire a professional attorney. How to win the trademark infringement lawsuit in China? First, pay attention to the collection of evidence. Because only in the case of sufficient evidence, it is beneficial for administrative law enforcement organs or judicial organs to determine whether an act belongs to infringement as soon as possible. Therefore, evidence is the premise of handling a case. The procedural law stipulates that all facts that prove the true situation of a case are evidence. Therefore, we should strictly abide by this principle when collecting evidence. In other words, we should try our best to find evidence related to the case that can prove the true situation of the case. Generally speaking, the evidence we are talking about here mainly refers to the following aspects: 1, the proof of the prior rights of the infringed. (including trademark registration certificate, patent certificate, copyright registration certificate, award-winning certificate related to the case, etc.). ) 2. Product samples of the infringer. 3. Samples of infringing products. 4. Proof of purchasing infringing products. Here mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller and other matters. The second step is to consult a professional organization after collecting and sorting out the evidence. Professionals will make a preliminary analysis of the case and provide professional advice on the details, which will help us to handle the case better. What needs to be pointed out here is that there are generally two ways to deal with infringement cases. 1, administrative investigation. The main advantages of this method are strong investigation and quick investigation. Rapidly cracking down on counterfeiters and sellers can effectively stop the spread of infringement. However, it is difficult to give legal effect to the plaintiff's exhaustion principle by using this method alone. This refers to the issue of damages. Generally speaking, the infringer will bring economic losses to the infringed, and the complainant will invest some money and manpower to stop the infringement. Many enterprises hope that the infringer can provide some economic compensation to the infringed, so as to make up for the losses suffered by the infringed. The current Trademark Law and Product Quality Law also have clear provisions (see Trademark Law for details). However, it is difficult to claim compensation through administrative organs, so the rights of the infringed person cannot be exhausted. 2. Proceedings. The advantage of applying this procedure is that the investigation power is great, and the complainant can ask the infringer to compensate the infringer for the losses caused by the infringing act. However, the litigation procedure is relatively complicated, and it is difficult for the complainant to execute it alone without the assistance of a professional lawyer. The author thinks that there is a problem of value choice here, which should be analyzed according to the specific circumstances of different cases. The third step is to complain or sue. When making a complaint or prosecution, we should pay attention to the effective combination of facts and tone in order to facilitate the smooth progress of the case. The author believes that the complaint or indictment is the most direct factor that directly affects the progress of the case, and it is recommended to entrust professionals to complete it. At the same time, China's Trademark Law clearly stipulates that "foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization designated by the state as an agent". In other words, foreigners or foreign enterprises should entrust organizations designated by the state to handle trademark infringement cases in China. Finally, make a complaint or prosecution.