Current location - Trademark Inquiry Complete Network - Trademark registration - I have Class 35 and Class 10 trademarks, and someone else has a Class 5 trademark with the same name. He used the trademark with the same name as the name of his Taobao store. Can I complain to him on
I have Class 35 and Class 10 trademarks, and someone else has a Class 5 trademark with the same name. He used the trademark with the same name as the name of his Taobao store. Can I complain to him on
I have Class 35 and Class 10 trademarks, and someone else has a Class 5 trademark with the same name. He used the trademark with the same name as the name of his Taobao store. Can I complain to him on Taobao?

Hello, you can file a complaint.

Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark: (1) Using a trademark in the same category without the permission of the trademark registrant Using a trademark that is the same as or similar to its registered trademark on goods or similar goods; (2) Selling goods that infringe the exclusive rights of registered trademarks; (3) Forging or making unauthorized copies of registered trademark signs of others or selling forged or unauthorized made registered trademark signs ; (4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market; (5) Causing other damage to the exclusive right to use the registered trademark of others. Including: 1. Using signs that are identical or similar to others’ registered trademarks as product names or product decorations on the same or similar goods to mislead the public; 2. Deliberately providing warehousing, transportation, Convenient conditions such as mailing and hiding. 3. Use words that are identical or similar to others’ registered trademarks as the company’s trade name to prominently use on the same or similar goods, which is likely to cause misunderstandings among the relevant public; 4. Copy, imitate, or translate others’ well-known trademarks registered by others or their main contents Part of it is used as a trademark on different or similar goods, misleading the public, and the interests of the registrant of the well-known trademark may be harmed; 5. Registering the same or similar words as other people’s registered trademarks as domain names, and through the E-commerce transactions involving related goods using domain names can easily lead to misunderstandings among the relevant public. ***Nine situations. Regarding similarity, Articles 9 and 10 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases": The principles for the People's Court to determine that trademarks are similar: (1) based on the general attention of the relevant public; (2) It is necessary to compare the trademark as a whole and to compare the main parts of the trademark. The comparison should be carried out separately with the comparison objects isolated; (3) To determine whether the trademark is similar, the distinctiveness of the registered trademark to be protected should be considered. sex and popularity. Identicality of trademarks means that there is almost no difference between the two trademarks. In short, if it causes or may cause misunderstanding, it is an infringement. The above are the criteria for determining trademark infringement.