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Amazon Trademark Infringement Complaint

Legal subjectivity:

Trademark infringement: The legal time limit for parties to request the People’s Court to protect their legal rights. The plaintiff's lawsuit for trademark infringement must be filed within the statutory statute of limitations. (1) The statute of limitations for trademark infringement is two years. The statute of limitations for infringement of registered trademark rights is two years. (2) The statute of limitations for trademark infringement shall be calculated from the date when the party knew or should have known about the infringement. The statute of limitations for infringement of the exclusive right to use a registered trademark is two years, starting from the date when the trademark registrant or interested owner knew or should have known about the infringement. If the trademark registrant or interested party files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined from the right holder. The calculation shall be calculated forward two years from the date of filing a lawsuit in the People's Court. Legal Basis According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases", the statute of limitations for infringement of the exclusive right to use a registered trademark is two years, starting from the date when the trademark registrant or interested owner knew or should have known about the infringement. calculate. If the trademark registrant or interested party files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined from the right holder. The calculation shall be calculated forward two years from the date of filing a lawsuit in the People's Court. Legal objectivity:

Article 57 of the Trademark Law of the People’s Republic of China, any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark: (1) Without the authorization of the trademark registrant (2) Using a trademark that is similar to its registered trademark on the same kind of 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) Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; (5) Failure to do so With the consent of the trademark registrant, the registered trademark is replaced and the goods with the changed trademark are put into the market; (6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to the exclusive right to use registered trademarks of others. Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law. If a dispute arises, it shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, , the trademark registrant or interested party may file a lawsuit in the People's Court, or request the industrial and commercial administrative department to handle the matter. When handling the case, 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. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume 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 you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you 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 fail to perform the mediation agreement 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.