How to carry out trademark rights protection against counterfeiting

The popularity and reputation of the trademark is the crystallization of the enterprise's efforts for many years, which is formed by the comprehensive factors of advertising, product quality, sales volume and after-sales service quality. For enterprises, well-known trademarks often mean stable markets and higher profits. Through various forms of infringement, the infringer embezzles well-known trademarks at a very low cost, causing consumers to confuse, occupy the market, obtain illegal super profits, make the trademark owner in trouble, and even affect the survival and development of the enterprise, therefore, the importance of cracking down on infringement is self-evident.

Trademark infringement refers to the act of infringing the exclusive right of another person to use a registered trademark. Its manifestations generally include the following: 1. Without the permission of the owner of the registered trademark, the trademark identical or similar to its registered trademark is used on the same or similar goods; (2) Selling goods that you know are counterfeit registered trademarks; (3) Forging or without authorization manufacturing the registered trademark marks of others or selling the registered trademark marks forged or manufactured without authorization; (4) selling goods that it knows or should know infringe on the exclusive right to use another person's registered trademark; 5. On the same or similar goods, using the same or similar words or graphics as the registered trademark of another person as the name of the goods or the decoration of the goods and enough to cause misidentification; (6) Intentionally providing convenient conditions for warehousing, transportation, mailing or concealment of infringements of the exclusive right to use a registered trademark of others; 7. The use of a trademark identical or similar to a well-known trademark of another person on a non-similar commodity may imply that there is some connection between the commodity and the well-known trademark registrant, which may cause damage to the rights and interests of the well-known trademark registrant; (8) From the date of recognition of the well-known trademark, other people's words identical with or similar to the well-known trademark are used as part of the enterprise name and may cause misrecognition by the public. 9. Causing other damage to the exclusive right to use a registered trademark of another person;

I have been entrusted by clients to handle a large number of infringement cases, analysis and summary of their experience, I believe that the following points are the key to combat infringement

First, thorough investigation and comprehensive collection of evidence materials are important prerequisites and guarantees for the success of cracking down on infringement. In the investigation, we should make full use of various investigation resources, especially local part-time investigators, and adopt a variety of flexible investigation forms to obtain hidden, in-depth and accurate investigation results. In particular, the investigation should obtain accurate information on the following elements: the perpetrator of the infringement, the specific form of the infringement, the quantity of the infringing goods, and the exact place where the infringement (or the infringing goods) occurred. Evidence to be collected includes: 1. Proof of prior rights of the infringed (including trademark registration certificate, etc.) 2. Samples of the infringed products 3. Samples of infringing products 4. Proof of purchase of infringing products (such as invoices, etc.)

Second, the objective analysis of investigation intelligence and evidence materials, combined with the subjective tendency of the right holder, choose practical ways to protect their rights, which is an important intermediate link in the fight against infringement. Generally speaking, for infringement cases where the nature of the infringement is clear, the infringing goods are easy to hide and transfer, and the litigation value of the infringer is not large, administrative investigation procedures can be applied. The main advantages of this method are that the investigation is strong, the investigation action is fast, the counterfeit and counterfeit sellers are quickly attacked, and the infringement can be effectively stopped. Litigation procedures may be applied to cases where the infringer is strong, the infringement and the sale of infringing goods are easy to prove, and claims can be considered. The advantage of using litigation procedures is that the investigation and punishment power is large, and the complainant can file a claim against the infringer according to the relevant legal provisions. But the litigation process is relatively complex and time-consuming.

Third, make complaints and indictments and submit them to the relevant authorities to request the enforcement of infringement. This is the most important step in the fight against violations. The level of complaint (indictment) production will directly affect the success or failure of the case. The organization of evidentiary materials, the argumentation and analysis of the infringement and the rationality of the complaint request are essential. At the same time, good communication channels with the corresponding law enforcement agencies and cooperative actions based on trust are important factors in obtaining the success of the case.

Fourth, rapid, effective and low-cost action against infringement is the criterion to measure the success of rights protection. Expediency is necessary to prevent the spread of infringement and to avoid sustained damage to the legitimate rights and interests of the right holder. Effective means that the rights protection action should cause the infringer to be severely hit and the infringement to be curtailed or even eliminated, so as to be effective