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Familiar with the process of trademark litigation?

Trademarks can be said to be brands, which can be seen everywhere. Brands have taken off, and there are more and more infringements. The more famous the brand, the easier it is to be stolen and copied by criminals. At this time, everyone must learn to use legal means to safeguard their legitimate rights and interests, so have you ever understood the trademark litigation process? It's okay not to know. The following top quack intellectual property to tell you.

Familiar with the process of trademark litigation?

First, the trademark litigation process?

1. The subject qualification certificate, proof of rights, actual use and infringement of the trademark need to be provided by the right holder;

2. The lawyer analyzes the case and gives a legal plan;

3. Sign the entrustment agency agreement;

4. Collect evidence of infringement;

5. Send a lawyer's letter (not necessarily);

6. File a lawsuit with the people's court or complain to the administrative department for industry and commerce;

7. Participate in court or industrial and commercial investigation and evidence collection;

8. Participate in court hearings or mediation;

9. Obtain the results of the court and the administrative department for industry and commerce;

10. Implementation.

Second, the two forms of trademark disputes.

1. Trademark infringement disputes. The relevant laws stipulate that, first, if the lawsuit is infringing, it shall be accepted in the court of the place where the infringement (the place of implementation/result) occurred or the place where the defendant is located.

Second, the lawsuit is an infringement of the exclusive right to use a registered trademark and is accepted in the court of the place where the infringing act occurred, the place of custody or detention of the infringing goods, or the place of residence of the defendant.

2. Trademark contract disputes. Where the litigation is a contract, the defendant's address or the people's court at the place where the contract is performed has jurisdiction. A trademark contract is a type of contract and should apply.

The above is the content of the litigation after the trademark dispute arises, and when the trademark owner encounters such problems, do not panic and calmly respond, as long as there is no violation of the relevant laws, it will be guaranteed.

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