First of all, it is not advisable to use trademark cover to explain the infringement of Taobao fakes. The fact of infringement can be proved by other methods, which does not actually solve the problem;

Secondly, you must confirm whether you have committed infringement, such as whether the purchase channel of the product is formal, and whether you can provide invoices from formal channels. These are protected and recognized evidence, otherwise it will be difficult to successfully appeal once you are complained. If there are indeed violations, it is better to correct them as soon as possible.

Finally, Taobao selling other brand products must have formal agency authorization from the brand or formal purchase channels. Otherwise, there will be suspicion of infringement. Once it is controlled by the brand’s channel, it will be severely punished.

"Trademark Law of the People's Republic of China"

Chapter 7 Protection of the Exclusive Rights of Registered Trademarks

Article 57

Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark 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 forged or unauthorized registered trademarks. ;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(6) Deliberately infringing on the exclusive use of other people’s trademarks Providing convenient conditions for the exclusive use of trademarks and helping others to infringe the exclusive right to use a trademark;

(7) Causing other damage to the exclusive right to use a registered trademark of others.

Article 59

The registered trademark contains the common name, graphics, and model of the product, or directly indicates the quality, main raw materials, functions, uses, weight, The holder of the exclusive right to a registered trademark has no right to prohibit others from legitimate use of the quantity and other characteristics, or the place name contained therein.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. Fair use by others.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark shall There is no right to prohibit the user from continuing to use the trademark within the original scope of use, but it can require it to attach an appropriate distinguishing mark.

Article 60

If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, it shall be settled through negotiation between the parties; if the party is unwilling to negotiate or If negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.

If the industrial and commercial administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Extended information:

Case:

In response to the frequent new tricks of counterfeit sellers, Taobao has further refined its anti-counterfeiting standards. Changes to the rules and implementation details regarding the sale of counterfeit goods on Taobao have officially come into effect. The act of deliberately blocking or obscuring trademarks is regarded as "sellers selling counterfeit or pirated goods with serious circumstances"; counterfeit or pirated goods or information that has been deleted by sellers will also "not escape disaster".

The tightening of anti-counterfeiting policies is undoubtedly a good thing, but for Taobao, which relies on original products to build its reputation, it will also face the pain of transformation.

After the public announcement on April 26, 2016, the "Effectiveness Notice of Changes in Rules and Implementation Details Related to the Sale of Counterfeit Goods on Taobao" has recently officially come into effect, further tightening the supervision of the release of information on counterfeit goods and the identification of counterfeit sales. According to the "Taobao Rules", if a merchant sells counterfeit goods, Taobao will delete the counterfeit or pirated goods or information posted by members, including those on sale and in online warehouses.

In the newly revised rules, the scope of this rule has been expanded, "including but not limited to counterfeit and pirated goods or information that are on sale, in online warehouses, and deleted by sellers." Counterfeit and pirated goods or information deleted by sellers are not immune either. According to regulations, for serious cases, 12 points will be deducted, that is, the store will be blocked, restricted from releasing products, and issued a public warning for 7 days.

In the identification of counterfeit sales, many counterfeit sellers hide product-related information through mosaics, smearing, and other pattern blocking methods, thereby evading platform supervision.

It is understood that sellers often sold counterfeit luxury women's bags in this way in the past. This behavior was included in the scope of "sellers selling counterfeit and pirated goods with serious circumstances", and 24 will be deducted each time point. According to Taobao rules, if the cumulative deduction points reach 48 points or more, the account will be blocked.

China’s Network for Combating Infringement and Counterfeiting - Taobao adopts new tactics to fight counterfeiting and will ban your account if you block the trademark twice