Evidence that a trademark is used on a commodity.
(1) Commodities marked with trademarks, commodity packages, containers, labels, labels attached to commodities, product manuals, brochures, price lists, etc.
(2) Transaction documents related to commodity sales, including commodity sales contracts, invoices, documents, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents, etc.
(3) Advertisements published in radio, television and other media, or in public publications, as well as advertisements published in billboards, postal advertisements or other forms.
(4) Printed matter and other materials using the trademark provided at exhibitions and expositions.
(five) other evidence of the use of the trademark that meets the legal requirements.
Evidence that trademarks are used for services.
(1) Trademarks are used in service manuals, signboards in service places, store decorations, employees' clothing, posters, menus, price lists, lottery tickets, office stationery, stationery and other items related to designated services.
(2) Trademarks are used for documents related to services, such as invoices, remittance documents, service provision agreements, maintenance certificates, etc.
(3) Advertisements published in radio, television and other media, or in public publications, as well as advertisements published in billboards, postal advertisements or other forms.
(4) Printed matter and other materials using the trademark provided at exhibitions and expositions.
(five) other evidence of the use of the trademark that meets the legal requirements.
Methods of obtaining evidence
Method 1: Apply to the notary office for evidence preservation.
"Evidence preservation" is the legal business scope of the notary office. Unless there is enough evidence to the contrary to overturn the notarial certificate, the general court will directly accept the notarized evidence. Before litigation, the parties can make full use of the evidence collected and preserved by the notary office and make good preparations before litigation.
Method 2: Apply to the court for pre-litigation evidence preservation.
The Interpretation of Applicable Legal Issues on Stopping Infringement of the Exclusive Right to Use a Registered Trademark and Preserving Evidence before Litigation stipulates that trademark infringement cases may apply for evidence preservation before litigation.
Special note: If no lawsuit is brought to the court, such preservation measures shall be lifted, or relevant evidence shall be destroyed or returned, and the applicant shall also be liable for the losses caused at this time.
Method 3: report to the administrative organ for evidence collection.
The parties may also report to the industrial and commercial and public security departments where the infringement is located. The departments of industry and commerce and public security can consult and copy the contracts, account books and other documents related to the case, and can take photos, videos and other methods to obtain evidence on the spot. In case of suspected infringement of the exclusive right to use a trademark, the above-mentioned administrative law enforcement departments may inspect the quantity and specifications of the products suspected of infringement, and then seal them up and take samples.
Method 4: Entrust an agency to collect evidence.
The agency has rich legal knowledge and rich experience in handling cases, and can hand over such professional and difficult cases to them for handling.