Are there any fixed standards for trademark infringement complaints? How to prosecute? Xiaobian shares the sorted trademark infringement complaint standards with everyone, welcome to read, for reference only! How to complain about trademark infringement

Trademark infringement is trademark infringement, which means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using his registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer usually bears the responsibility of stopping the infringement, and the perpetrator who knows or should know that it is an infringement also bears the responsibility of compensation. If the circumstances are serious, they shall also bear criminal responsibility.

if you complain to the trademark management office of the municipal administration for industry and commerce or the trademark advertising contract management section of the branch administration for industry and commerce, you can also bring a lawsuit to the people's court. If a request is made to the administrative department for industry and commerce, a written request shall be issued. The written request shall specify the cause of the request, the legal basis of the request, the name and address of the claimant, the name of the infringer and the place where the infringement occurred. Foreigners or foreign enterprises should entrust a trademark agency with foreign agency rights. Materials to be submitted for trademark infringement complaints

1. Complaint letter: The name, address, telephone number and trademark rights of the complainant shall be listed; (If represented by 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 its copy.

3. Trademark registration certificate and its copy.

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

5. Power of attorney. Domestic trademark registrants can entrust others to complain, but they should submit a power of attorney signed by the client. If a trademark agency organization is entrusted to make a complaint, it shall produce a valid certificate that can prove that the organization has the agency qualification; Where a foreign trademark registrant requests to protect his exclusive right to use a trademark, he shall entrust a trademark agency designated by the state to make a complaint, and submit a Chinese complaint document, a certified or notarized power of attorney and relevant certification materials. How to sue trademark infringement

1. Prosecution: Submit a complaint to the court with jurisdiction.

cases of first instance in trademark civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level. The higher people's courts may, according to the actual situation in their respective jurisdictions and with the approval of the Supreme People's Court, designate 1-2 grass-roots people's courts in larger cities to accept trademark civil dispute cases of first instance. A civil lawsuit brought for infringement of the exclusive right to use a registered trademark and infringement of the special protection right of a well-known trademark shall be under the jurisdiction of the people's court in the place where the infringement was committed, the place where the infringing goods were stored, or the place where the seizure was made or the defendant's domicile was located.

2. filing a case: if the court considers that it meets the conditions for filing a case after filing a case, it will notify the parties to pay the legal fees within 7 days and file a case after paying the fees.

3. After acceptance, the court will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days.

4. evidence exchange.

5. Open a court session.

6. if the collegial panel makes a collegial decision and refuses to accept the decision, it shall appeal to the people's court at a higher level within 1 days from the date of service; Those who refuse to accept the judgment shall appeal to the people's court at a higher level within 15 days from the date of service. Conditions for trademark infringement

(1) Using the same or similar trademark on the same or similar goods without the permission of the registered trademark owner;

(2) selling goods that are known to be counterfeit registered trademarks of others;

(3) Forging or making a registered trademark logo of another person without authorization or selling a forged or made trademark logo without authorization;

(4) causing other damage to the exclusive right to use a registered trademark of others. Mainly include:

(1) selling goods that you know or should know infringe upon the exclusive right to use registered trademarks of others;

(2) on the same or similar goods, using words or graphics identical with or similar to others' registered trademarks as the name or decoration of the goods, which is enough to cause misunderstanding;

(3) Deliberately providing convenient conditions such as storage, transportation, mailing and concealment for the infringement of the exclusive right to use a registered trademark of others. How to punish trademark infringement

For infringement of the exclusive right to use a registered trademark, according to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures to punish it.

(1) Order to stop the infringement

The specific measures are as follows:

① Order to stop the sale immediately;

② confiscation and destruction of infringing goods;

③ Confiscate and destroy tools specially used for manufacturing infringing goods and forging registered trademarks.

(2) Impose a fine

If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 5% of the illegal business amount or less than five times the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 1, yuan according to the circumstances.

if the parties are dissatisfied with the above two treatments, they may bring a suit in a people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.

(3) Mediation on the amount of compensation for infringement of the exclusive right to use a trademark

The administrative department for industry and commerce that handles the matter may mediate on the amount of compensation for infringement of the exclusive right to use a trademark at the request of the parties concerned. If mediation fails, the parties may bring a lawsuit to the people's court according to law.

The full text of what constitutes trademark infringement and how to punish trademark infringement has ended. If your normal business activities are identified as trademark infringement, you should actively safeguard your own interests and not passively resist. You are in such a situation that you can entrust a professional intellectual property lawyer to help you defend your rights.

About the circumstances in which trademark infringement litigation can be brought. China's trademark law stipulates that a trademark registrant or interested party may bring a lawsuit to the people's court in the following cases of infringement:

1. Using a trademark identical with or similar to its registered trademark on the same commodity or similar commodity without the permission of the obligee;

2. selling goods that infringe the exclusive right of the obligee to use a registered trademark;

3. Forge or make the registered trademark logo of the obligee without authorization or sell the forged or made registered trademark logo of the obligee without authorization;

4. Without the consent of the obligee, change its registered trademark and put the goods with the changed trademark on the market;

5. causing other losses to the obligee's exclusive right to use a registered trademark.

the above is the trademark infringement complaint standard provided by xiaobian. I hope you can like it!