How to obtain evidence of trademark infringement, and how to obtain evidence of trademark infringeme

Methods for collecting evidence in trademark infringement dispute cases: Under normal circumstances, the parties shall present evidence on their own claims. For example, collect images and visual information such as revenue and customer flow of both parties before and after trademark infringement.

If the issue of authority makes it difficult for the parties to collect evidence, they may also apply to the people's court to collect evidence in accordance with law.

[Legal basis].Article 65 of the Civil Procedure Law.

Parties shall promptly provide evidence for their own claims.

The people's court is to determine the evidence that the parties should provide and the time limit for the trial of the case. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

Article 67.

The people's courts have the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals must not refuse.

The people's courts shall distinguish the authenticity of the supporting documents submitted by relevant units and individuals, and review and determine their validity.

1. Entrust a professional intellectual property company to investigate and collect evidence. Due to the highly specialized nature of trademark cases, it will be difficult for the right holder to accurately grasp the direction and scope of evidence collection. Generally speaking, professional investigation and evidence collection is more convenient and effective than that of the parties, and the scope of evidence collection is more extensive and accurate, and it often has a higher degree of credibility in judicial practice.

2. Report to the administrative organ for evidence collection. After making a report to the industry and commerce at the place where the infringement is located, the above-mentioned departments may consult and copy the contracts, account books, and other relevant documents related to the case, question the parties and witnesses, and conduct on-site law enforcement inspections by means such as taking photos and videos. Where the exclusive right to use a trademark is suspected of being infringed, the above-mentioned administrative law enforcement department may seal the suspected infringing product after counting the quantity and specifications and take samples from it.

3. The use of notary public to collect and preserve evidence is an effective measure to prepare for litigation, and the notarization of online evidence preservation for trademark infringement.

1) The content and means of collecting evidence should be lawful. The evidence provided by the parties must be legitimate.

2) Pay attention to the correlation and consistency between the evidence. There should be some kind of objective connection between the various pieces of evidence, which corroborate each other, rather than being isolated from each other. After collecting evidence, it is necessary to carefully study the internal relationship between them, eliminate irrelevant evidence, and ensure that the evidence is targeted.

3) Pay attention to the objectivity of the evidence. Only objective and true evidence can have probative power, and tampering with and falsifying evidence must bear the corresponding legal responsibility.

Article 65 of the Trademark Law of the People's Republic of China provides that if a trademark registrant or interested party has evidence to prove that another person is committing or is about to commit an act infringing on the exclusive right to use a registered trademark, and if it is not stopped in a timely manner, it will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court to take measures to order the cessation of the relevant act and the preservation of property before filing a lawsuit. Article 66 of the Trademark Law of the People's Republic of China provides that in order to stop infringement, the trademark registrant or interested party may apply to the people's court for preservation of evidence before filing a lawsuit in accordance with the law if the evidence may be destroyed or difficult to obtain in the future.