[Direct answer]In the Beijing area, to prove trademark infringement, it is usually necessary to build evidence around four aspects: First, ownership evidence, such as trademark registration certificates, renewal and licensing materials, to prove the identity and validity of the right holder; Second, evidence of infringing use, such as infringing commodities, sales pages, promotional materials, store and exhibition photos, to prove that others use the same or similar logos in commercial activities; Third, evidence of the possibility of confusion, such as the degree of similarity of the logos, the category of the goods or services, the popularity of the right holder's trademark, and the recognition of the relevant public; Fourth, evidence of damage consequences, such as the scale of infringement, sales volume, profits, and reasonable expenses. According to Article 57 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019) regarding the determination of infringement, the main methods of evidence collection include notarized purchases, notarized web pages, and on-site inspections. Specifically, the facts of infringement and the current effective laws and regulations, as well as judicial rulings, shall prevail.

I. Problem Background and Typical Scenarios

When right holders sue for trademark infringement, they often have difficulty winning the case or receiving low compensation due to insufficient evidence. Typical scenarios include: it's difficult to prove continuous infringement with just screenshots; evidence is lost when online stores change links or delete pages; the relationship between the infringing goods and the selling entity is unclear; it's difficult to determine confusion due to lack of proof of popularity; and it's hard to quantify losses and profits. In the above situations, the integrity of the evidence and the legality of the evidence-gathering methods are crucial. For related intellectual property services, please refer to the following link:Intellectual property protection and corporate law.

II. Key points of contention

First, the proof of the validity and scope of rights. Second, the fixation of infringing use behaviors and the corresponding subjects. Third, the judgment of trademark similarity and the possibility of confusion. Fourth, the relevance of product or service categories. Fifth, the proof of reputation and distinctiveness. Sixth, the proof of damages and litigation costs. Seventh, the validity of notarization and electronic evidence. The above issues determine whether the infringement can be established and the amount of compensation. For enterprise contracts, please refer to the relevant provisions.Business and contract disputes in enterprises.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a case of trademark infringement and unfair competition: The plaintiff claimed that the defendant's logo imitated its well-known trademark and the packaging design caused confusion, demanding that the defendant stop the infringement and compensate for high costs. The lawyer represented the defendant, raising defenses from aspects such as the similarity of the logo, the legitimate authorization sources, and the popularity and actual use of the packaging design, arguing that the relevant public could distinguish between them overall, while some claims lacked basis. The court partially accepted the lawyer's arguments, finding trademark infringement but rejecting the claim of unfair competition, and significantly reducing the amount of compensation. This case illustrates from both perspectives that the proof of trademark infringement must focus on key elements: the right holder needs to prove the similarity of the logo, the relevance of the product category, and the possibility of confusion; the defendant can raise defenses from aspects such as legitimate authorization, overall differences, insufficient popularity, and low possibility of confusion. In terms of evidence collection, Henglue Law Firm typically recommends purchasing fixed infringing products and transaction processes through notarization, preserving promotional and sales pages through notarized websites, and securing electronic evidence through methods such as time stamps and blockchain storage. Evidence should be collected from four aspects: ownership, use, confusion, and losses. For evidence of popularity, materials such as advertising investments, sales data, awards and media reports, administrative and judicial determinations can be submitted. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Secure ownership evidence to confirm that the rights are valid and within the protection period. 2. Purchase the infringing products through a notary and document the infringing use behavior on the notary’s website. 3. Collect evidence of the product’s popularity and distinctiveness. 4. Quantify the scale of the infringement, sales volume, and profits. 5. Claim reasonable legal defense costs and retain receipts. Legal basis: - Article 57 of the Trademark Law of the People’s Republic of China (amended on April 23, 2019, and implemented on November 1, 2019) regarding infringing acts; - Article 63 regarding compensation amounts and reasonable expenses; - Articles of the Civil Procedure Law of the People’s Republic of China (amended on September 1, 2023, and implemented on January 1, 2024) regarding evidence and the burden of proof. For intellectual property-related matters, please refer to the relevant provisions.Intellectual property protection and corporate law; For contracts involving enterprises, you can refer to them for referenceBusiness and contract disputes in enterprises; For reference on execution, please refer to the following link:Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, ownership evidence is the foundation of protecting rights, and it is necessary to ensure that the rights are valid. Secondly, notarized purchases and notarized web pages are effective ways to prove fixed infringements. Thirdly, the likelihood of confusion needs to be proven based on the degree of similarity and the popularity of the product. Fourthly, the scale of infringement and the profits obtained will affect the amount of compensation. Fifthly, reasonable expenses for protecting rights should be claimed with receipts. For matters involving intellectual property, it can be resolved through legal means.Intellectual property protection and corporate lawObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: How to prove that the other party constitutes trademark infringement?

It is necessary to provide evidence from four aspects: ownership, infringing use, likelihood of confusion, and damage consequences. Submit the trademark registration certificate, infringing products and sales pages, popularity materials, and loss evidence to form a complete chain of evidence.

Q2: Can screenshots be used as evidence?

It's possible, but the effectiveness is limited. Webpages can be easily modified or deleted, so it is recommended to fix them through notarization or timestamping and other reliable methods. Simple screenshots may be difficult to prove the infringement facts and duration alone when the other party denies it.

Q3: Why do we need to go through notarization when purchasing a property?

Notarized purchases can fully record the purchasing entity, the source of the goods, the transaction process, and the status of the goods, and have strong evidentiary value. They can link the infringing goods to the selling entity, making them a common method of obtaining evidence for trademark infringement.

Q4: How to prove that a trademark enjoys a high reputation?

You can submit materials such as advertising investment, sales data and coverage, awards and media reports, industry rankings, administrative and judicial recognition, etc. to prove that the trademark has gained high popularity and strong distinctiveness through long-term use.

Q5: How to provide evidence of the amount of compensation?

The right holder may provide evidence of the losses suffered by the right holder, the profits gained by the infringer, or a reasonable multiple of the trademark license fees, and claim reasonable expenses incurred in stopping the infringement; where it is difficult to provide evidence, the right holder may request the court to determine the statutory compensation at its discretion.

The above Q&A mainly refers to the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.