Taobao trademark infringement complaint process:
1. Log in to Alibaba’s intellectual property protection platform and register relevant accounts;
2. Perform personal certification of rights and For intellectual property certification and filing, you need to provide personal ID card, business license and other subject qualification documents, and trademark registration certificate;
3. After the registration is completed, log in to the platform;
4. In the "Submit Intellectual Property" module in the "My Intellectual Property" module, fill in the relevant intellectual property information, read the commitment letter, and agree;
5. After the intellectual property verification is passed, in the "Infringement Complaint "Click "Initiate Complaint" in the module;
6. Fill in the complaint information and submit the complaint application;
7. After the complaint is made, it usually takes 4 working days to enter the processing process. The process is generally It will take 3-10 working days for the results to be available. At that time, you can check the processing notification.
How to appeal for reported trademark infringement sellers:
1. There are two entrances to Taobao for trademark infringement complaints. Sellers can choose any one to enter the complaint backend.
1. Enter the Seller Center-Baby Management-Physical Examination Center, find the category of violation processing in the Physical Examination Center, and then find the corresponding illegal product, click View Details-Appeal to enter the appeal background, this is The first appeal portal that sellers can choose.
2. Enter the Seller Center - Customer Service - Report Management - Received Intellectual Property Infringement, click the Process button, find the complained product record in the pop-up page, click View Details - Appeal to enter Complaint backstage, this is the second complaint portal that sellers can choose.
2. The appeal process can only be started after going through the trademark appeal process.
1. The complainant: the trademark registrant. If the seller registers the trademark in his own name, the seller himself is the complainant.
2. The appeal method chosen must be legal and effective: including the seller making a personal appeal, or the seller finding a relevant organization and entrusting an agency to make the appeal.
3. Materials required to handle the appeal process:
(1) Letter of appeal, which must state the specific circumstances of the complainant and the respondent, as well as the reason for the complainant's appeal ;
(2) The seller needs to provide the trademark registration certificate or trademark registration certificate when registering the trademark;
(3) If the seller entrusts an agency to appeal, it also needs to prepare Letter of attorney;
(4) The seller needs to collect relevant evidence of the alleged infringement, for example, the respondent does not have proof of trademark registration;
(5) The seller needs to provide notarization of trademark registration A certificate proving that your trademark registration has been notarized.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 57 stipulates that any person who commits any of the following acts shall be liable to It is an infringement of the exclusive rights of registered trademarks:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Failure to do so With the permission of the trademark registrant, a trademark similar to the registered trademark is used on the same product, or a trademark that is identical or similar to the registered trademark is used on similar products, which is 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 counterfeit or unauthorized registered trademarks;
(5) Without the consent of the trademark registrant, replace the registered trademark and put the goods with the changed trademark into the market;
(6) Deliberately provide facilities for infringement of the exclusive rights of others' trademarks and help others to infringe the trademarks Acts of exclusive rights;
(7) Causing other damage to others’ exclusive rights to registered trademarks.