When a company discovers that its trademark has been infringed by other companies during its daily operations, some small companies will be at a loss. They don’t know which government agency is investigating and handling the matter. Is there any legal action regarding their trademark? What should I do if it is used by another company without my authorization?
1. Investigation and prosecution by the Industrial and Commercial Bureau, Patent Office, and Copyright Bureau (Cultural Law Enforcement Brigade)
By reporting to the Industrial and Commercial Bureau, Patent Office, and Copyright Bureau (Cultural Law Enforcement Brigade), request The infringing enterprise shall stop the infringement and impose administrative penalties on it.
(1) Report letter;
(2) Copy of the reporter’s business license;
(3) Copy of trademark registration certificate and patent certificate copy of the copyright registration certificate;
(4) Letter of authorization;
(5) Certificate of identification that the product is a counterfeit or infringing product;
(6) The detailed name, location, product name, outer packaging of the infringing enterprise, as well as preliminary materials and clues to prove the infringement.
2. Investigation and Punishment by the Public Security Bureau
Report to the public security organ and request criminal punishment for the person responsible for the infringement, so as to fundamentally prevent the infringement from happening again.
Economic Investigation Brigade
(1) Trademark cases: more than 30,000, well-known trademarks are not restricted;
(2) Patent cases, trade secret cases: More than 500,000;
(3) Copyright cases.
3. Customs investigation
Involves customs filing and customs intellectual property protection. Specifically, what is customs protection of intellectual property rights, and what intellectual property rights are protected by the customs? Simply put, customs protection of intellectual property rights is border protection of intellectual property rights (border explanation:). When goods enter and leave the country, the intellectual property rights related to the goods are protected. Implementing protection, or to put it more simply, means that customs investigates and punishes import and export goods that infringe on intellectual property rights. So, can all intellectual property rights such as trademarks, patents, copyrights, trade secrets, technical secrets, etc. be protected by the customs? No, only trademark rights, patent rights, copyrights, and the exclusive rights of the Olympic logo are protected by the customs .
4. Litigation in the People's Court
Through litigation, request the People's Court to order the infringing party to stop the infringement and compensate for losses. Generally, it is under the jurisdiction of the Intermediate People's Court, such as Beijing Haidian, Chaoyang, Fengtai, etc. The difficulty lies in proving the amount of compensation, which generally requires a statutory compensation of 500,000 yuan.