Reporting to administrative organs for evidence collection refers to the fact that when citizens, legal persons or other organizations discover that certain acts may violate laws, regulations or rules, they may report to the relevant administrative organs and request the administrative organs to investigate and collect evidence; After receiving the report, the administrative organ conducts a review, decides whether to conduct an investigation, and finally makes a corresponding decision on handling it based on the results of the investigation.
In trademark infringement disputes, if you report to the administrative authority to collect evidence, you generally follow the following process:
1. Clarify trademark infringement
It includes the use of trademarks identical or similar to the registered trademarks on the same or similar goods, or other acts that interfere with or hinder the use of the registered trademarks by the trademark owner and damage the legitimate rights and interests of the trademark owner.
2. Collect preliminary evidence of trademark infringement
Before reporting to the relevant administrative authority, the whistleblower should gather prima facie evidence related to trademark infringement to the extent possible. Including the infringing goods, the proof of purchase of the infringing goods, market research reports, etc.
3. Choose the appropriate administrative agency
According to the specific circumstances, select the appropriate administrative organ to make the report. In China, possible administrative authorities include the administrative department for industry and commerce, the intellectual property office, the industry and commerce department where the infringement is located, and the public security department.
4. Submit trademark infringement reporting materials
Including the trademark registration certificate, the prima facie evidence referred to in Article 2 above, a detailed description of the infringement, etc. Ensure that the reporting materials are legal, accurate and complete. If the whistleblower deliberately provides false information or maliciously reports others, he or she will bear the corresponding legal responsibility.
5. Cooperate with relevant administrative organs in investigation
The administrative authority may conduct an investigation after receiving the reported materials, and during this period, the whistleblower is obliged to accept inquiries or assist in the investigation.
6. Pay attention to the results of the administrative organs
After the investigation is completed, the administrative organ will make a corresponding decision. This includes ordering the infringer to stop the infringing act, imposing a fine, destroying the infringing goods, etc.
Of course, reporting to the administrative authorities for evidence collection is not the only way to collect evidence, and there is no guarantee that the whistleblower's trademark infringement problem will be completely resolved. If the result of the administrative agency cannot meet the needs of the whistleblower, it can also file a lawsuit with the court.
*From: Red and Blue Law Author: Qidu Trademark Team.