Trademark Infringement Complaint
Complainant 1 (the “×××” trademark holder):×××
Residential address:
Complainant 2 (trademark user): ×××
Legal address:
Legal representative: ×××
Respondent: ×××
Responsible person: ×××
Address :
Telephone:
Complainant 1 is the earliest user of the “×××” trademark. The initial use period is a certain year, and business activities are carried out across the country in the form of franchising, and there are cooperative franchisees in major cities across the country. From a certain year to a certain year, upon application, the Trademark Office of the State Administration for Industry and Commerce approved the registered trademark "×××" in a certain category. The trademark numbers are: approved goods (a certain category) No. ×××. The complainant’s “×××” registered trademark covers the goods of ××× and ××. In a certain month of a certain year, with the permission of Complainant 1, the above trademark was exclusively used by Complainant 2 established in Beijing, and Complainant 2 became the legal user of the trademark. In order to promote its own brand and increase the popularity of the "×××" trademark, the complainant not only expanded its operations, but also continued to publicize it to the outside world. "×××" has become a well-known brand in a certain domestic industry. The complainant and the "×××" brand have received many honors, mainly including:
In addition to daily publicity, the complainant also continuously released TV series on a certain TV station Advertising to expand national visibility.
Since its establishment in a certain year, Complainant 2 has obtained the sole authorization from Complainant 1 and has the experience of using the “×××” trademark for direct operations and external franchises.use the trademark in a commercial manner. The respondent did not have the right to use the trademark “×××” and the right to operate the trademark “×××”, but operated under the name “×××”. And with the help of the advertising effect of the complainant's "×××" brand, it promoted itself, advertised in magazines and other promotional media with great fanfare, and conducted () business. This seriously violated the complainant's trademark exclusive rights and was illegal and unfair competition.
According to Article 57 of my country’s Trademark Law: Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: License to use a trademark that is identical or similar to its registered trademark on the same or similar goods. And Article 40, if counterfeiting someone else’s registered trademark constitutes a crime, in addition to compensating the infringed party’s losses, criminal liability will be pursued in accordance with the law.
According to this, the complainant specifically reported the respondent’s serious infringement of trademark rights to the Administration for Industry and Commerce of a certain province or city. We hope that the bureau will take it seriously. Strictly enforce the law and clamp down on the illegal business activities of the respondent.
The complainant’s request is:
1. Order the respondent to stop illegal behavior and confiscate illegal property income, a fine of three times shall be imposed;
2. The business license of the respondent shall be revoked;
3. The respondent is ordered to compensate the complainant for losses.
The above is the content of the complainant's report. I hope your bureau will investigate and deal with it in accordance with the law. I have deep respect for the complainant's work in your bureau.
Sincerely
Industrial and Commercial Administration Bureau of a certain province and a certain city!
Complainant 1: (Signature)
Year, month and day
Complainant 2: (stamped)
Year, month and day
Attachment:
1. A copy of the complainant’s identity certificate and business license2. A copy of the “×××” trademark registration certificate
3. Proof of advertisement on a certain TV station4. Proof of award of the complainant
5. The respondent's infringing materials
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