Brand infringement complaints refer to complaints filed by brand owners with relevant departments or platforms when they find that others have infringed their trademarks, patents, copyrights and other legitimate rights and interests. The background of brand infringement complaints can be traced back to the improvement of brand owners' awareness of the protection of their own rights and interests, as well as the maintenance of market order. In today's highly competitive market environment, it is particularly important for brands to maintain their own image and interests. Once an infringement is discovered, the brand will often respond by means of a complaint.
The process for filing a brand infringement complaint generally consists of the following steps:
1.Collect evidence: After discovering the infringement, the brand must first collect sufficient evidence to prove the existence of the infringement. This includes, but is not limited to, trademark registration certificates, patent certificates, copyright certificates, etc. At the same time, it is also necessary to collect evidence of infringement, such as the infringing product, the network link of the infringing act, etc.
2.Complain to the relevant department or platform: After collecting sufficient evidence, the brand can file a complaint with the relevant ** department or platform. A detailed description of the infringement and relevant evidence are required to make a complaint. **The department or platform will review the complaint and decide whether to accept it.
3.Wait for the outcome of the investigation: If the complaint is accepted, the relevant authorities or the platform will investigate the infringement. In this process, the brand owner needs to actively cooperate with the investigation and provide necessary evidence and information. If the infringement is confirmed, the relevant authorities or platforms will take corresponding punitive measures, such as ordering the infringement to stop, fines, etc.
4.Enforcement of penalty measures: If the infringement is confirmed, the relevant authorities or platforms will take corresponding penalty measures. The brand owner needs to fulfill the corresponding obligations in accordance with the requirements of the penalty measures. If they are not satisfied with the penalty decision, they may apply for reconsideration or file a lawsuit in accordance with law.
In addition to the above process, brands also need to pay attention to the following points:
1.Take timely action: Once an infringement is discovered, brands need to take timely action to prevent the infringement from escalating. If the delay is too long, it may leave enough time for the infringing party to eliminate evidence or transfer assets, thus making it more difficult to protect rights.
2.Choose the right way to protect your rights: Brands need to choose the right way to protect their rights based on the actual situation. If the infringement involves multiple regions or countries, it may be necessary to adopt a cross-border joint approach to rights protection;If it involves infringement on an online platform, it may be necessary to cooperate with the platform party to protect rights.
3.Emphasis on evidence collection and evidence preservation: In the process of rights protection, the collection and preservation of evidence is crucial. Brands need to collect and preserve as much evidence as possible related to the infringement, such as screenshots of web pages, transaction records, chat logs, etc. This evidence will help prove the existence of the infringement and the degree of subjective intent of the infringing party.
4.Seek professional legal advice: In the process of protecting rights, brands need to seek professional legal advice. Professional legal advice can help brands understand the effectiveness and feasibility of rights protection plans, and can also help brands avoid unnecessary risks and losses in the process of rights protection.
In short, brand infringement complaints are one of the important means to safeguard the legitimate rights and interests of brand owners. In the face of infringement, brands need to take timely action, choose appropriate ways to protect their rights, pay attention to evidence collection and preservation, and seek professional legal advice. Only in this way can we effectively safeguard our own rights and interests and the stability of the market order.