How to write a complaint for trademark infringement
Administrative Bureau for Industry and Commerce:
Name of complainant: XX Co., Ltd.Address: No. XX Road, XX District, XX City, XX Province
Complainant:
Contact number:
Name of respondent: XX Co., Ltd.
Address: XX City, XX ProvinceNo. XX, XX Road, XX District
Responsible person:
Contact number:
The complainant specifically complained to your bureau due to the infringement caused by the respondent.
1. Complaint request:
1. Order the respondent to immediately stop using the "XX" trademark and change the company name and stop infringing on the complainant’s trademark rights and unfair competition.
2. Order the respondent to compensate our company financially loss.
2. Complaint facts and reasons: The company seriously violated We have obtained the exclusive right to use our company’s trademark for the following reasons:
1. The respondent XX Co., Ltd. has the exclusive right to register a trademark for the "XX" trademark (text and graphics). On the day of "Word Trademark (No. XXXX), approved userThe product/service category is Category XX (XX); the "XX" logo icon (No. XXXX) is registered, and the use of product/service category is Category XX (XX category);
2. The respondent's prominent use of the word "XX" constitutes trademark infringement. The respondent will use "XX" "The trademark word is used as a corporate name, and the name and size are used prominently in the same or similar industries identified by the trademark owner's registered trademark, which infringes the complainant's exclusive right to the "XX" registered trademark.
3. The complainant’s trademark should be protected by law According to Article 3 of my country's Trademark Law: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Article 52: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the owner of the registered trademark; Any other damage caused by the exclusive right to use a registered trademark of others. And Article 59: If the use of a trademark identical to the registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law. The respondent did not have the ownership or right to use the "XX" trademark, but operated in the name of the "XX" company, infringing the complainant's exclusive right to use the trademark. Accordingly, the complainant specifically reported the respondent's serious infringement of trademark rights to the Administration for Industry and Commerce, and specifically requested that your bureau investigate and deal with it as soon as possible and clamp down on the respondent's illegal business activities.
Complainant:
X day, month and month, XX
1. Trademark infringement
Trademark infringement means: the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes or hinders the trademark owner from using its registered trademark, causing harm to the trademark owner. Other acts that reflect the legitimate rights and interests of the trademark owner. The perpetrator sells goods that he knows or should have known are counterfeit registered trademarks. The natural person or legal person whose exclusive trademark rights have been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.
Two and four elements
Having the following four elements constitutes the sale of goods with counterfeit registered trademarks Infringement:
1. There must be illegal behavior Existence means that the perpetrator has carried out the act of selling counterfeit registered trademark goods;
2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property damage to the right owner. Loss will also cause goodwill damage to entities that enjoy registered trademark rights. Whether it is property loss or goodwill damage, it is a fact of damage.
3. The offender is subjectively at fault, which means that the offender is responsible for the fact that the goods sold are counterfeit registered trademarks. Already know or should know.
4. There must be cause and effect between the illegal act and the damaging consequences Relationship refers to the relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.
The above is compiled for you by the editor of Legal Savior Network I hope this will help you with the relevant legal knowledge on how to write a complaint for trademark infringement. If your situation is more complicated, Legal Savior Network provides you with online lawyer consultation services. You are welcome to come for consultation.
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