How to report and complain about trademark infringement
Trademark infringement can be reported to the Trademark Management Office of the Municipal Industry and Commerce Bureau or the Trademark Advertising Branch of the Industry and Commerce Branch If you file a complaint with the Contract Management Department, you may also file a lawsuit with the People's Court. When requesting handling from the industrial and commercial administrative authorities, a written request must be made. The request shall state the cause of the request, the legal basis for the request, the name and address of the requester, the name of the infringer and the place where the infringement occurred, etc. Foreigners or foreign enterprises must entrust a trademark agency with foreign-related agency rights to handle the matter.
Trademark infringement complaints should submit the following written materials:
(1) Complaint letter. List the respondent, address of the respondent, infringement facts, complaint requirements, legal basis, as well as the complainant’s name, address, contact number, date of complaint, and agent-related documents.
(2), business license. Copies must be submitted with the official seal of the original issuing authority.
(3). Trademark registration certificate. Copies must be affixed with the official seal of the industrial and commercial administration at or above the county level where the trademark owner is located.
(4) Evidence of infringement, including infringing objects, trademarks, relevant bills or photos, etc.
However, complaints under any of the following circumstances will not be accepted:
(1) The person complained against People are unclear.
(2) The facts of the infringement complained of are unclear.
(3). The complaint documents provided are incomplete and have not been completed within three days.
(4). Beyond the regional jurisdiction of the industrial and commercial administration agency at the same level.
(5). The complainant has filed a civil lawsuit with the People's Court regarding the same fact.
Trademark infringement has the following four elements:
First, there must be illegal conduct. That is to say, the perpetrator objectively uses the registered trademark without obtaining the permission of the trademark owner or other legal basis, and his behavior is illegal. The perpetrator did not obtain the authorization or permission from the trademark registrant when he first used the trademark, but later obtained his permission or ratification, or the trademark registrant ignored it and expressed acquiescence after learning of the situation. This kind of behavior does not exist Illegal.
Second, there must be harm. Trademark right is an intangible intellectual property, and the damage caused to it may be tangible material damage, intangible economic loss, or both. Specifically, it can be manifested as a decrease in sales of the trademark owner's products, a decrease in profits, an increase in production costs due to stopping infringement, a decrease in trademark credibility, consumer complaints, etc.
Third, there is a causal relationship between the damage consequences and the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior. This kind of causal relationship is diverse. There are direct causal relationships, such as counterfeiting registered trademarks; there are also indirect causal relationships, such as providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement. If the damage is caused by a series of actions, that is, multiple causes and one result, such as the actor forging trademarks, an intermediary responsible for transportation, or a seller selling goods with counterfeit registered trademarks, the perpetrators of the acts may become infringers. , constituting joint trademark infringement.
Fourth, the perpetrator is subjectively at fault, including intentional and negligent. Intention means that the perpetrator subjectively knows that the trademark of others has been approved and registered and he has no right to use it, but still uses the same or similar trademark as the registered trademark of others on the same or similar goods; negligence means that the perpetrator should subjectively know that the trademark of others has been registered. Even if registration has been approved, a trademark that is identical or similar to someone else’s registered trademark is still used on the same or similar goods.
The above content is the relevant answers. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
