What should you pay attention to in trademark infringement litigation? A professional intellectual property lawyer will explain to you the follow-up handling process of trademark infringement!

Things you should pay attention to in trademark infringement lawsuits

Trademark infringement litigation is a complex and highly specialized legal process, involving the protection of trademark rights and the definition of usage rights. Whether you are a trademark owner who discovers that your rights have been infringed, or you are a party accused of infringement, understanding the dos and don’ts of litigation is critical to protecting your rights. The following points out some key points that require special attention when it comes to trademark infringement lawsuits:

1. Determine the validity of trademark rights

The basis of trademark infringement litigation lies in the validity of trademark rights. Therefore, the trademark owner first needs to confirm:

• Whether the trademark has been registered and effectively exists.
• Whether the trademark has been subject to cancellation or invalidation procedures.
• Whether there are factors that may affect the rights, such as unused or the existence of similar trademarks.

suggestion: Before filing a lawsuit, trademark owners should thoroughly review the legal status of their trademarks to avoid losing legal protection due to invalid trademarks during the litigation process.

2. define violations

The core of trademark infringement is to confirm whether the other party has committed the following acts:

• Unauthorized use of a logo that is identical or similar to a registered trademark for identical or similar goods/services.
• Whether the use behavior creates the possibility of confusion, causing consumers to mistakenly believe that there is some connection between the two.

Practical reminder: It is necessary to collect specific evidence of infringement, such as advertising, packaging, and physical products, and specify the correspondence between the infringement and the scope of trademark use.

3. Evidence collection and preservation

Evidence is the key to trademark infringement litigation. The parties need to collect and preserve:

• Specific evidence involving infringement (such as infringing products, web page screenshots, purchase records).
• Evidence of trademark use (such as sales records, promotional materials).
• Evidence of the infringing party’s business scope and business practices (such as sales channels for infringing products).

suggestion: During the evidence collection process, it is best to have a lawyer or notary assist you to increase the legal effect of the evidence.

4. Degree of infringement and calculation of damages

The goal of litigation is usually to stop the violation and obtain damages. The trademark owner needs to specify:

• The actual impact of the infringement on its business interests.
• The basis on which damages are calculated, such as profits gained from the infringement or losses caused by the infringement.
• Whether to apply for punitive damages (applicable in some serious infringement cases).

remind: The amount of compensation requested must be reasonable and supported by sufficient evidence.

5. Pay attention to timeliness

According to Article 96 of Taiwan’s Trademark Law, trademark infringement lawsuits must be filed after the infringement is known.within two yearsIn any event, no later than after the infringement occurredten years.

suggestion: If possible infringement is discovered, action should be taken as soon as possible to avoid missing the deadline.

6. Choice of Settlement or Litigation Strategy

Litigation is often time-consuming and expensive, so consider whether to settle:

• Reconciliation can effectively save time and costs. Both parties need to reach an agreement on stopping the infringement, the amount of compensation, and future behavior.
• If you choose to litigate, you need to prepare sufficient evidence and legal documents, and evaluate possible litigation risks.

Practical suggestions: Lawyers can provide professional advice in negotiations or litigation to ensure that the interests of the parties are maximized.

7. Special considerations for cross-border trademark infringement

If the infringement involves cross-border elements, the following issues need to be considered:

• Whether the infringement involves the trademark rights of other countries.
• Whether litigation needs to be brought in other jurisdictions.
• International litigation costs and time costs.

suggestion: When handling cross-border cases, the opinions of local lawyers should be combined to ensure that the legal strategy complies with the laws of that country.

Conclusion

Trademark infringement litigation not only involves complex legal provisions, but also requires an in-depth understanding of business operations and market impact. Whether you are a trademark owner or an alleged infringer, you should approach the litigation process with caution and hire a professional lawyer to assist you. The ultimate goal is to reasonably protect trademark rights, maintain market order, and ensure that legitimate rights and interests are not infringed.

Further reading:What should I do if a trademark infringement occurs? Legal measures that can be taken.

Further reading:What are business secrets? Three major legal requirements for business secrets.

Further reading:What should I do if an employee takes away company confidential information? Relevant provisions of the Trade Secrets Act.

Fuda Law Firm, composed of a team of lawyers, patent attorneys and patent engineering teams who specialize in patents and trademarks. They specialize in the field of intellectual property law. The team lawyer members all have rich practical experience and long-term experience in serving listed companies and small and medium-sized enterprises, and can provide assistance. . If you have any needs, you can contact our firm at any time.

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