30. Q: Wie kann man wegen einer Markenverletzung vor dem Volksgericht Klage erheben?

All trademark proprietors may also choose to institute proceedings in the people's court. To institute the court proceedings, the following documents and evidence are required:

  • Valid trademark certificate to prove the lawful rights and interest of the registrant;

  • Correct name, address of the infringer and its legal representative ;

  • Evidence of infringement, possibly, photographs, specimens of goods, promotion materials and invoices, etc., which are better to be notarized;

  • A complaint, containing statement of the cause and facts of the and claims;

  • A power of attorney signed (and sealed, if possible) by the legal representative of the trademark registrant, which should be notarized and certified;

  • A copy of the infringee's enterprise registration certificate, which should be notarized and legalized.

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