A trademark infringement complaint shall submit the following written materials:
(1), complaining. List the respondent, the respondent's address, infringement facts, complaint requirements and legal basis, as well as the complainant's name, address, contact telephone number, complaint date and relevant documents of the agent.
(2) Business license. If a copy is submitted, the original issuing authority shall affix its official seal.
(3) trademark registration certificate. Where a copy is submitted, the official seal of the administrative department for industry and commerce at or above the county level where the trademark owner is located shall be affixed.
(4) Evidence of infringement, including infringing articles, trademarks, relevant bills or photos, etc.
However, complaints under any of the following circumstances will not be accepted:
(1), the respondent is unclear.
(2) The facts of the alleged infringement are unclear.
(3) The complaint documents provided are incomplete and have not been completed for more than three days.
(4), beyond the jurisdiction of the administrative department for Industry and commerce at the same level.
(five) the complainant filed a civil lawsuit with the people's court on the same fact.
Second, what are the conditions for trademark infringement?
First, there must be illegal acts. In other words, it is illegal for the actor to objectively use a registered trademark without obtaining the permission of the trademark owner or other legal basis. It is not illegal for an actor to use a trademark without the authorization or permission of the trademark registrant at the beginning, but it is later approved or ratified, or the trademark registrant ignores this situation and expresses its acquiescence.
Second, there must be harmful results. Trademark right is an intangible intellectual property right, and the damage result may be tangible material damage, intangible economic loss or both. Specifically, it can be manifested in the decline of product sales and profits of trademark owners, the increase of production costs due to the cessation of infringement, the decline of trademark reputation and the increase of consumer complaints.
Third, there is a causal relationship between the damage consequences and illegal acts, that is, the damage consequences are directly caused by illegal acts. This causal relationship is diverse and there is a direct causal relationship, such as the act of counterfeiting registered trademarks; There is also indirect causality, such as providing convenient conditions such as warehousing, transportation, mailing and concealment for infringement. If the damage result is caused by a series of behaviors, that is, multiple causes and one effect, such as the actor forging a trademark logo, the middleman responsible for transportation, the seller selling goods with counterfeit registered trademarks, etc., the actor may become an infringer and constitute trademark infringement.
Fourth, the actor is subjectively at fault, including intention and negligence. Intention means that the actor subjectively knows that another person's trademark has been approved and registered, and he has no right to use it, but still uses the same or similar trademark with another person's registered trademark on the same or similar goods; Negligence means that the actor still uses the same or similar trademark with the registered trademark of others on the same or similar goods when he should know that the trademark of others has been approved for registration subjectively.
To sum up, if a trademark constitutes infringement, as a party, you can use the law to protect your rights and interests, and as long as you have relevant evidence, you can report it to the relevant departments; Therefore, you must know how to protect your rights and interests. If your property suffers losses, you can ask the other party to compensate you for your losses.