The materials needed to complain about trademark infringement of merchants include complaints, trademark marks and other evidence that can prove infringement. Generally speaking, after trademark infringement is discovered, not only the recipient, but also other subjects can complain to the administrative department for industry and commerce as long as they have labor evidence.

1. What materials do I need to complain about trademark infringement?

Complaints about trademark infringement by merchants need to be prepared in several aspects:

1. Complaint: The name, address, telephone number and trademark right of the complainant shall be listed; (If there is a trademark agency, the name, address and telephone number of the agency shall also be listed); The name, address, infringement facts and relevant information of the respondent; The legal basis and requirements of the complaint and the date of the complaint.

2. Business license and photocopy.

3. Trademark registration certificate and its copy.

4. Evidence of infringement: including infringing objects, trademarks, relevant bills, photos, etc.

5. Power of attorney.

Second, what should be paid attention to in trademark infringement complaints?

(1) Evidence preservation

In order to stop the infringement, the trademark registrant or interested party may apply to the people's court for evidence preservation in accordance with the law before prosecution if the evidence may be lost or difficult to obtain later. Evidence of infringement can be first preserved in the form of notarization.

(2) Behavior preservation: When a lawsuit is filed, the trademark registrant or interested party requests to stop the infringement. If there is evidence to prove that others are committing or will commit acts infringing on their exclusive right to use a registered trademark, and if they do not stop it in time, it will cause irreparable damage to their legitimate rights and interests, they may apply to the people's court for measures to order them to stop relevant acts and preserve property before bringing a lawsuit.

(3) Determination and proof of compensation amount

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.

If it is found that some goods sold by trademarks have infringed trademark rights, at this time, regardless of whether the merchants intentionally infringe, they can ask the other party to stop using the logo that has been suspected of infringing trademarks. If this kind of infringement is intentionally committed, it needs to bear the liability for compensation. If you don't know that your actions constitute infringement, you may not need to bear this responsibility.