Brand trademark infringement, unauthorized sales, how to cooperate?
Hello everyone, this is Xinyang.
Recently, many brands have asked me how to deal with problems such as unauthorized sales of goods, and on e-commerce platforms such as **, ensuring that the brand authorization chain of goods is clear and clear is an important measure to maintain market order and protect brand rights. According to the provisions of the Trademark Law, only dealers authorized by the brand have the right to ** brand goods on the platform, and have the right to show the trademark rights of the brand. If it is found that a store has used the brand's trademark** product without authorization, the brand owner should take immediate action to protect its rights. The following are the methods to protect rights against unauthorized brand infringement on the ** platform.
1. Specific operations for brand infringement complaints
1.Preparation of evidence: The brand needs to collect and prepare relevant evidence, including the brand trademark registration certificate, the trademark use authorization certificate, the page screenshot of the allegedly infringing goods and their links, etc.
2.Log in to the complaint platform: log in to the intellectual property protection system of the ** platform, that is, the "whole network reporting" platform.
3.Fill in the complaint information: According to the requirements of the platform, fill in the relevant complaint information, such as the name of the complained store, the specific product link, and the reason for the complaint.
4.Submit a complaint: Upload the prepared evidence and submit a complaint. The platform will review the content of the complaint.
5.Pay attention to the outcome: After submitting the complaint, the brand can follow up on the progress of the complaint and the outcome. If the situation is true, the platform will take measures such as removing the products from the shelves or closing the store in accordance with the law.
2. Brands can sue through court procedures
1.Legal advice: Before taking legal action, brands can seek legal advice from a professional lawyer to clarify their rights and possible compensation.
2.Preparation for prosecution: Preparation of all kinds of documents required for prosecution, including but not limited to pleadings, evidentiary materials, authorization certificates, trademark registration certificates, etc.
3.Submission of Prosecution: Submit the indictment and evidence to the people's court with jurisdiction, and pay the corresponding litigation fees.
4.Court hearing: The court will hear the case, during which the brand may be required to provide more evidence or testify in court.
5.Enforcement of the judgment: Once the court makes a judgment, the brand owner shall require the other party to bear the corresponding legal liabilities in accordance with the judgment, such as stopping the infringement and compensating for losses.
3. Brands can use a third party to maintain the rights and interests structure to make complaints
1.Choose a third-party agency: Brands can choose a professional third-party rights enforcement agency, which usually has extensive experience and resources in rights enforcement.
2.Entrusted rights protection: Entrust rights protection matters to a third-party organization, and provide necessary authorization and evidence materials.
3.Third-party involvement: The third-party agency will communicate with the ** platform on behalf of the brand, or directly take legal action against the infringing store.
4.Tracking effect: Brands can continuously track the progress of third-party organizations to ensure that rights protection actions are carried out effectively.
In short, brands need to take measures to protect their rights online according to their actual situation, so as to effectively protect their interests and brand image.