The process for handling trademark complaints is as follows. After successfully completing the process, the complaint process can be started:
1. The complainant must have legal qualifications
(1) ) Trademark registrant;
(2) Interested parties of registered trademarks. That is, the licensee of the exclusive use license contract and the licensee of the exclusive use license contract.
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2. Complaint channels must be legal and effective
(1) Domestic rights holders of registered trademarks can make complaints themselves or entrust others to make complaints on their behalf.
(2) Overseas (including Hong Kong and Macao) rights holders of registered trademarks must entrust a nationally recognized organization with trademark agency qualifications to act as their agent.
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3. Submission of complaint materials must be complete and legal
The trademark owner or his authorized agent shall file a trademark complaint with the market supervision and management authority at or above the county level. In case of infringement, the following materials and supporting documents should be provided:
(1) Complaint. Clear basic information and complaint requests of the respondent, complainant and their agents. Including the name of the respondent's unit or the name, address or stall number of the merchant in the market; the name of the complainant's unit, name, address, contact person, contact number of the legal representative; the name of the agent's unit, name, address, contact person, Contact number. Proof of qualifications of the complainant and agent, and copies must be stamped.
(2) Trademark registration certificate or certificate of registered trademark issued by the Trademark Office of the State Administration for Industry and Commerce (it can be a copy, but the original copy must be stamped by the unit where it is kept).
(3) Letter of attorney. To entrust another person to make a complaint on behalf of the trademark registrant, the trademark registrant must sign a power of attorney. The power of attorney should include the content authorizing the fight against counterfeiting, the signature of the trademark registrant, and the official seal of the trademark registrant.
(4) Evidence of infringement. When complaining about trademark infringement of others, you must provide specific facts and preliminary evidence that the subject of the complaint has infringed on intellectual property rights. Such as infringing objects, shopping vouchers, photos of infringing objects, promotional advertisements, web pages, etc. (can be single or multiple items).
(5) Trademark registrants and their agents must issue identification certificates for counterfeit trademarked goods.
(6) Commitment. The complainant or his agent should promise that if the false complaint causes losses to the other party, the promisee will bear corresponding legal and financial responsibilities.
(7) Notarization and certification. The evidence provided by the parties that was formed outside the territory of the People's Republic of China and the People's Republic of China shall state the source, be certified by the notary authority of the country where it is located, and be authenticated by the embassy and consulate of the People's Republic of China and the People's Republic of China in that country, or perform the duties of the People's Republic of China and the People's Republic of China. **The certification procedures stipulated in the relevant treaties between the country of peace and the country where the evidence is located. The evidence provided by the parties and formed in the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region of the People's Republic of China shall have certification procedures in accordance with relevant regulations.