1.收集、固定证据。发现别人假冒商标,首先要做的是收集证据,将别人假冒商标的商品以拍照、摄像、实物购买等方式进行固定,掌握第一手证据。
2.协商赔偿。如果对方侵权不是很严重,又有愿意协商的明确态度,可以与侵权人协商,解决停止侵害和赔偿的事项。
3.工商投诉。掌握证据后,向市场监督管理部门进行投诉,要求查处侵权违法行为。监管部门受理后,将及时开展调查取证,查封扣押侵权产品,核算侵权金额。在对侵权人作出行政处罚的同时,监管部门也会就赔偿问题主持调解。
1. Collect and fix evidence. When you find someone counterfeiting a trademark, the first thing you need to do is to collect evidence, and fix the goods with counterfeit trademarks by taking photos, videos, purchasing them in kind, etc., so as to obtain first-hand evidence.
2. Negotiate compensation. If the other party's infringement is not very serious and they have a clear attitude of willingness to negotiate, you can negotiate with the infringer to resolve the issue of stopping the infringement and compensation.
3. Industrial and commercial complaints. After obtaining evidence, file a complaint with the market supervision and management department, and request an investigation and punishment of the infringement and illegal acts. After accepting the case, the regulatory department will promptly conduct investigations and collect evidence, seal up and seize the infringing products, and calculate the amount of infringement. While imposing administrative penalties on the infringer, the regulatory department will also mediate on the issue of compensation.