Trademark Infringement Lawsuit 

Ⅰ.Trademark infringement lawsuit refers to the owner of the exclusive right of trademark institute civil litigation against the infringer, the purpose is to stop the infringe action and protect his or its civil rights. In accordance with the Article of 52 of Trademark Law and the Article 50 of Regulations for the Implementation of the Trademark Law: any of the following acts shall be an infringement of the exclusive right to use a registered trademark:

　　1. Using a trademark that is identical with or similar to a registere trademark in respect of the same or similar goods without the authorization of the trademark registrant;
　　2. Selling goods that infringe the exclusive right to use a registered trademark;
　　3. Counterfeiting, or making, without authorization, representations of a registered trademark of another person, or selling such representations of a registered trademark as were counterfeited, or made without authorization.
　　4. Replacing another party’s registered trademark, without authorization, and selling goods bearing such a replaced trademark.
　　5. Using any signs which are identical with or similar to another person’ s registered trademark as the name of the goods or decoration of the goods on the same or similar goods, thus misleading the public;
　　6. Intentionally providing facilities such as storage, transport, mailing, concealing, etc. for the purpose of infringing another person’ s exclusive right to use a registered trademark.
 

Ⅱ. The infringee may institute legal proceedings with the Intermediate People’s Court wherein the exclusive right of trademark has been infringed to guard against infringer.
Documents required for infringement lawsuit:

　　1. The Power of Attorney (can be downloaded from our website); the Power of Attorney must be authenticated by a notarial office in the country where that person or enterprise or organization has domicile and confirmed by the Chinese embassy or consulate stationed in that country or must go through the notarial formalities stipulated in the relevant bilateral treaties between China and that country, if a foreign national, stateless person or a foreign enterprise or organization that has no domicile in the People s Republic of China .
　　2. A petition for appeal.
　　3. The infringee may file an application with the people’s court for preservation of the evidences before instituting legal proceedings, if evidences is destroyed or lost or becomes unobtainable in the future.
　　4. The infringee may file an application with the people’s court for property preservation, if the infringer causes irreparable damages to his or its legitimate rights and interests.
　　5. The documents certifying that the infringee is the holder of exclusive right of trademark, include: (1) trademark certificate (he or it must submit the original of trademark certificate if color or colors is or are designed) and renewal certification. (2) Valid certification of the international registration in China issued by the Trademark Office if the trademark is the international registration. (3) the certificate of recognition of the well-known trademark if the trademark is a well-known trademark.
　　6. Intentionally providing facilities such as storage, transport, mailing, concealing, etc. for the purpose of infringing another person’ s exclusive right to use a registered trademark.6. The evidences proving that the infringer engaged in actions that infringe the exclusive right of trademark, include: infringing products, sales invoice, sales contract， audio-video materials，etc.
　　7. The evidences proving the identity of the infringer, include: the name and address of the infringer, etc; he or it must submit the registered documents concerning the infringer issued by administrative authority for industry and commerce, if the infringer is a legal person.

Ⅲ. The specific procedure

　Filing the case－Evidence preservation (if needed)－ The litigation documents served to defendant－Property preservation－ Response made by the defendant－Exchange of evidence－ Court session－ Making judgment
 

Ⅳ. Methods of obtaining of evidence

　　1. Entrusting lawyers to investigate and obtain the evidences
　　2. Applying to the notary agency for preservation of the evidences
　　3. Applying to the people’s court for preservation of the evidences before instituting legal proceedings
　　4. Applying to the people’s court for investigating and collecting evidences
　　5. The administrative authorities obtain the evidences base on the information supplied by the public