Who is the subject of the trademark infringement complaint?
Who is the subject of the trademark infringement complaint? infringer. The subject of trademark rights, also called the trademark owner, refers to the natural person, legal person or other organization that enjoys trademark rights in accordance with the law, including the original subject and successor subject of trademark rights. According to the provisions of my country's Trademark Law, the subjects of trademark rights include legally established enterprises, institutions, social groups, individual industrial and commercial households, individual partnerships, and foreigners or foreign enterprises, who are the holders of trademark rights.
1. Complaints should generally be made in writing, stating the relevant circumstances and providing relevant evidence, such as the name and address of the suspected infringer, the place where the alleged infringement occurred, Allegedly infringing trademarks, logos or items (photos, photocopies), etc. At the same time, the complainant can also complain to the industrial and commercial administration department by phone.
2. If the registrant complains to the industrial and commercial administration department and requests protection of its trademark exclusive rights, it should submit a written complaint application and attach its valid certification materials. Specifically include:
(1) Complaint (including the object of the complaint, the complaint matters and requirements, and the contact information of the right holder or complainant).
(2) Rights status of the trademark owner (trademark registration certificate).
(3) Pictures of the actual use of the trademark (including pictures of the right holder’s own trademark actually used, and pictures of the respondent’s product trademark actually used).
(4) For foreign-related trademarks, corresponding notarization and certification materials must be issued in accordance with regulations.
(5) For the seized items involved in the case, the industrial and commercial administration department may require the right holder (including an authorized agent) to verify whether the goods involved were produced or produced by the right holder. Provide identification advice for licensed products.
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