Legal analysis:

Resolution of trademark infringement complaints:

1. Find the reason for the complaint and the way to appeal

Discover that After making a complaint, please go to "Seller Center" - "Report Management" to appeal within three working days, and submit the appeal materials according to the prompts. After the seller submits the information, the complaining party will see it immediately. If the complaining party feels that the complaint is successful after receiving the information, it will withdraw the complaint; if it feels that the complaint is correct, it will apply for the intervention of a Taobao assistant.

2. Provide appeal information, make an appeal, and wait for the result.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 56 The exclusive right to register a trademark shall be determined by the registered trademark. Limited to trademarks and approved products.

Article 57 Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Using the same product on the same product without the permission of the trademark registrant Using a trademark that is the same as its registered trademark;

(2) Using a trademark that is similar to its registered trademark on the same goods without the permission of the trademark registrant, or using the same trademark as its registered trademark on similar goods or similar trademarks that are likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting, unauthorized manufacturing or sales of other people’s registered trademarks Forging or making unauthorized registered trademark signs;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to others’ exclusive rights to registered trademarks.

Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a trade name in a company name to mislead the public and constitute unfair competition shall be punished in accordance with the "People's Republic of China and the National Anti- Unfair Competition Law".

Article 59: The common name, graphics, and model of the product contained in a registered trademark may directly represent the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the product, or contain For a place name, the owner of the exclusive right to a registered trademark has no right to prohibit others from using it properly.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. Fair use by others.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark shall There is no right to prohibit the user from continuing to use the trademark within the original scope of use, but it can require it to attach an appropriate distinguishing mark.

Article 60 If a dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, interested parties may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.

Article 62: The industrial and commercial administrative department at or above the county level may exercise the following powers when investigating and punishing suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations of law:

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(1) Question the relevant parties and investigate the situation related to infringement of the exclusive rights of others’ registered trademarks;

(2) Check and copy the parties’ contracts, invoices, account books and other matters related to the infringing activities Relevant information;

(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe the exclusive rights of registered trademarks of others;

(4) Inspect items related to infringing activities; Articles that are proved by evidence to infringe the exclusive rights of others' registered trademarks may be sealed or seized.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

In the process of investigating and handling trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the people's court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.