1. What should I do if a store is complained of trademark infringement?
A store is complained of For trademark infringement, you first need to determine whether you have indeed infringed someone else's trademark. For trademark infringement, you can file a complaint with the Trademark Management Office of the Municipal Industry and Commerce Bureau or the Trademark Advertising Contract Management Section of the Industry and Commerce Branch, or you can file a lawsuit with the People's Court.
If you request processing from the industrial and commercial administrative authorities, you must issue a written request. The request shall state the cause of the request, the legal basis for the request, the name and address of the requestor, 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.
Legal basis: The "Regulations on the Implementation of the Trademark Law" stipulates that for infringement of the exclusive right to register a trademark, the industrial and commercial administrative authorities may take the following measures to stop the infringement:
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(1) Order to stop sales immediately;
(2) Collect and destroy infringing trademark signs;
(3) Eliminate infringing trademarks on existing goods;
(4) Direct collection Molds, printing plates or other crime tools specially used for trademark infringement;
(5) If the first four measures are not enough to stop the infringement, or the trademark infringement If it is difficult to separate from the goods, the infringing items shall be ordered and supervised to be destroyed.
2. Complaints about trademark infringement 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 respondent is 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 authority at the same level.
(5) The complainant has filed a civil lawsuit in the People's Court regarding the same fact.
3. What to do if you discover trademark infringement
1. Pay attention to the collection of evidence.
Because only when there is sufficient evidence, it will be helpful for the administrative law enforcement agencies or the judicial organs to determine whether a certain act is an infringement as soon as possible. Therefore, evidence is a prerequisite that affects the handling of cases. The Procedural Law stipulates that all facts proving the true circumstances of the case shall be evidence. Therefore, we must strictly abide by this principle when collecting evidence. In other words, we must try our best to find evidence that is relevant to the case and can prove the true situation of the case.
In summary, the evidence we are talking about here mainly refers to the following aspects:
1. Documents proving the prior rights of the infringed party. (Including trademark registration certificate, patent certificate, copyright registration certificate, award-winning certificate related to the case, etc.)
2. Product samples of the infringed party.
3. Samples of infringing products.
4. Proof of purchasing infringing products.
This mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller, etc.
2. After we have preliminary collected and sorted the evidence, we should consult a professional agency.
Professionals will conduct a preliminary analysis of the case and provide professional advice on details, which will help us handle the case better.
What needs to be pointed out here is that there are generally two ways to handle infringement cases.
1) Administrative investigation. The main advantage of this method is that the investigation and punishment are strong and the investigation and punishment actions are fast. A swift crackdown on counterfeiters and sellers can effectively stop the spread of infringement. However, it is difficult to use this method alone to exhaust the rights granted to complainants by law. What is referred to here is the issue of damages. Generally speaking, the infringer will cause economic losses to the infringed party because of the infringement. At the same time, the complainant will invest a certain amount of money and manpower to stop the infringement. Many companies hope that the infringer will cause the infringement to be caused by the infringement. Provide certain financial compensation to the infringed party to make up for the losses suffered by the infringed party. The current "Trademark Law" and "Product Quality Law" also have clear provisions (see the "Trademark Law" for details). However, due to the difficulty in the implementation process of requesting compensation through administrative agencies, the rights of the infringed party cannot be exhausted. .
2) Litigation procedures. The advantage of applying this procedure is that the investigation force is strong, and the complainant can, in accordance with relevant legal provisions, require the infringer to compensate the infringer for the losses caused to the infringed party by the infringement. However, the litigation process is relatively complicated and it is difficult for the complainant to implement it alone without the assistance of a professional lawyer.
3) Prepare a complaint or indictment.
When preparing a complaint or indictment, attention should be paid to making the facts and tone effective.work together to facilitate the smooth progress of the case. Since the complaint or indictment is the most direct factor that directly affects the progress of the case, it is recommended to entrust professionals to complete it.
At the same time, my country's Trademark Law clearly stipulates that "foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China should entrust an organization designated by the state to act as their agent." . In other words, when foreigners or foreign companies handle trademark infringement cases in China, they should entrust an organization designated by the state to represent them.
4. Make a complaint or sue.
Trademark infringement cases are relatively common in economic life. If you suspect that your trademark has been infringed, you should not report it to the relevant local departments immediately. At the same time, if you have been reported that you have infringed someone else's trademark, you cannot just verbally deny that there is no infringement. You must cooperate with the inspection of the local judicial authorities to determine whether there is specific infringement.
When a store is complained of trademark infringement, the store owner must first determine whether it has indeed infringed on someone else's trademark. If there is any infringement, we will take the initiative to apologize and stop the trademark infringement, and pay a certain amount of economic compensation to the infringed party. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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