Comparison of authenticity and fakeness means that the rights holder determines from the page description or product picture of the product published by the merchant that the product sold by the other party is fake, and provides a comparison of the specific differences between the genuine product and the product being complained about.
Trademark rights are the rights enjoyed by civil subjects to exclusively use specific signs on specific goods or services for the purpose of distinguishing the source. There are two ways to obtain trademark rights: obtaining trademark rights through use and obtaining trademark rights through registration.
Obtaining trademark rights through registration is also called the exclusive right to register a trademark. In our country, trademark registration is the basic way to obtain trademark rights. Article 3 of the "Trademark Law" stipulates: "A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
Legal Basis
1 .Trademark Law of the People's Republic of China (2019 Amendment), issued by: Standing Committee of the National People's Congress, content: In order to strengthen trademark management, protect the exclusive rights to trademarks, encourage producers and operators to ensure the quality of goods and services, and maintain trademarks credibility, to protect the interests of consumers, producers, and operators, and to promote the development of the socialist market economy
2. "Regulations on the Implementation of the Trademark Law of the People's Republic of China" (Revised in 2014), released. Department: State Council, Content: In order to implement the specific provisions of the Trademark Law
3.? "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases" (2020 revision), issued by the department. : Supreme People's Court, content: In order to correctly hear trademark dispute cases
4.? "Regulations of the Supreme People's Court on Several Issues in the Trial of Administrative Cases of Trademark Authorization and Confirmation" (2020 revision), issuing department: Supreme People's Court. People's Court, content: To correctly hear administrative cases on trademark authorization and confirmation.