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How to report trademark infringement

Trademark infringement can be complained to the Trademark Office of the Municipal Administration for Industry and Commerce or some intellectual property administrative departments], or a lawsuit can be filed in the People's Court. A written application shall be submitted to the industrial and commercial administrative department or the intellectual property administrative department]. The request shall state the cause of the request, the legal basis for the request, the specific content of the request, the name and address of the requester, the name of the infringer, and the place where the infringement occurred. Foreigners or foreign enterprises must entrust a trademark agency to handle the matter. The following written materials should be submitted for trademark infringement complaints: complaint letter, business license, "Trademark Registration Certificate", infringement evidence including infringing objects, trademark logos, relevant bills or photos, etc.

Legal basis:

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

Article 57 Anyone who commits any of the following acts shall be considered an infringement Exclusive right to register a trademark:

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

(2) Without the permission of the trademark registrant, use a trademark that is similar to its registered trademark on the same kind of goods, or use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion; (3) Sales that infringe the exclusive use of the registered trademark goods;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Counterfeiting or manufacturing registered trademarks without authorization from the trademark registrant Agree, change its registered trademark and put the goods with the changed trademark into the market;

(6) Intentionally provide facilities for infringement of the exclusive rights of others' trademarks and help others to infringe the exclusive rights of trademarks;

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

Article 58: Anyone who uses someone else’s registered trademark or unregistered well-known trademark as a trade name in a company name to mislead the public and constitute unfair competition shall be punished in accordance with the "People's Republic of China and the National Anti- Unfair Competition Law".

Article 60 If any dispute arises due to any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, interested parties may file a lawsuit in the People's Court or request the industrial and commercial administrative 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 If the illegal business amount exceeds 50,000 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 a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him 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 from the industrial and commercial administrative department handling the matter, or may file a dispute with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. Prosecution. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter 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.