Enterprises should complain to the industrial and commercial departments when they find violations of their exclusive right to use trademarks, safeguard their legitimate rights and interests, and cannot let infringing goods affect their reputation and image. Enterprises should prepare the following materials to complain about trademark infringement to the industrial and commercial departments:

First, the certification materials of the enterprise's own subject qualification and trademark exclusive right;

Second, complaints submitted to the industrial and commercial departments;

The third is the evidence of trademark infringement of the respondent.

(1) certification materials to prove the enterprise's own subject qualification and trademark exclusive right. In the materials submitted to the industry and commerce department, the first is the true, legal and effective business license of the enterprise to show its identity. If the enterprise license has not participated in the annual inspection of the local industrial and commercial department for three consecutive years, its validity will be questioned. The second is the proof that the enterprise has the exclusive right to use a trademark, that is, a legal and effective trademark registration certificate. It should be pointed out that:

The name of the enterprise and the name and address of the registrant on the business license and trademark registration certificate shall be consistent. In practice, some complain that the name of the enterprise in the business license does not match the name of the registrant in the trademark registration certificate.

The explanation is that the name of the registrant on the trademark registration certificate has not been changed in time after the enterprise restructuring or the enterprise name change, and the two enterprise legal persons are the same person. This kind of enterprise name is inconsistent with the registrant's name on the trademark registration certificate, which will affect the complaint of the enterprise, because from the legal point of view, it belongs to two independent enterprises. Therefore, after the name and address of the enterprise are changed, the name and address of the registrant on the trademark registration certificate should be changed in time to safeguard their legitimate rights and interests (see question 1 15).

(2) complain to the industrial and commercial department. First, the complaint must state the basic information of the complainant (trademark owner) and the respondent (trademark infringer). Such as the name, address, contact person and telephone number of the complainant, the name and address of the respondent, etc. ;

The second is to specify the reasons for the complaint, that is, the basic situation and facts of trademark infringement;

The third is to clarify the complaint requirements of the complainant (trademark owner), such as requiring the industrial and commercial departments to protect their exclusive right to use trademarks according to law, stop the infringer's infringement and deal with it according to law. The collected evidence and supporting materials shall be attached to the complaint. Of course, the complainant can also request the industrial and commercial department to mediate the compensation for infringement of the exclusive right to use a trademark according to Article 53 of the Trademark Law.

(3) Evidence of trademark infringement of the respondent (trademark infringer). In the complaint of trademark infringement, it is very important to collect evidence of trademark infringement. Only when the evidence is sufficient and conclusive can the industrial and commercial department determine whether it constitutes trademark infringement.

Therefore, when collecting evidence, we should try our best to find evidence related to the case that can prove the true situation of the case. Generally speaking, it mainly includes the following aspects:

(1) the complainant (trademark owner) proof of prior rights, namely the trademark registration certificate;

(2) Samples of goods with trademark infringement;

(3) The proof of purchasing the infringing goods, that is, the purchase invoice, must indicate the name and price of the infringing goods and affix the seal of the sales unit;

(4) Compare the use of the trademark of the infringing goods with the sample of the goods of the complainant (trademark owner). In addition to the collection of the above evidence, it is also important for trademark owners to implement the production dens of infringing goods and the enterprise warehouses that sell infringing goods. If we can't find production dens and warehouses, then the investigation can only cure the symptoms to a great extent, which is an important issue that trademark owners should pay attention to in their complaints.

If the enterprise is not familiar with the materials and evidence to be prepared in the complaint, it can also entrust the local trademark office (company) to handle it, and of course it can also consult the local industrial and commercial department.