How to cooperate with brand infringement, low price and random price, unauthorized sales, and online anti-counterfeiting?
Hello everyone, this is Xinyang.
Recently, many brands have consulted me about what to do if their trademarks are infringed, and I believe that many brands or manufacturers have encountered incidents of malicious infringement of trademarks by others. Trademark registration is a means of brand protection, which gives the holder certain rights to ensure that their brand is not infringed or misled by others at will. However, trademark infringement is a variety of acts that pose a serious threat to the healthy development of brands.
1. Trademark infringement includes the following seven acts:
1.Copying or imitation: Directly copying or imitating someone else's registered trademark, making it difficult for consumers to distinguish them.
2.Unauthorized use: The use of a sign that is identical or similar to the registered trademark of another person without the authorization of the trademark owner.
3.Sale of infringing goods: Sale of goods that you know or should know infringe the exclusive right to use a registered trademark.
4.Intentionally facilitating infringement: such as providing warehousing, transportation, etc. for infringement.
5.Counterfeiting or illegal manufacture of trademark logos: Producing or selling counterfeit registered trademark logos or selling illegally manufactured trademark logos.
6.Reverse infringement: Acquisition of a well-known trademark and then suing other businesses or individuals who normally use the trademark for infringement.
7.Misleading publicity: The use of logos similar to the registered trademarks of others in advertisements and promotions to mislead the public.
2. The documents required for a trademark infringement complaint are as follows:
1.Proof of rights: including but not limited to trademark registration certificate, trademark acceptance notice, etc.
2.Proof of identity of the owner of the trademark certificate: such as business license, ID card, etc., to prove the identity of the trademark owner.
3.Trademark License: If the complainant is the licensee of the trademark, a letter of authorization from the right holder is required.
4.*of**: If online sales are involved, provide *** of *** as a reference.
3. The methods of evidence collection in trademark infringement litigation are as follows:
1.Notarized purchase: Purchase the allegedly infringing goods through a notary public, and keep the shopping vouchers, packaging, etc. as evidence.
2.Screenshot of the web page: Take a screenshot of the suspected infringing ** and page, and ensure that the timestamp is clearly visible.
3.Logistics records: Save the logistics information of the allegedly infringing goods, such as express documents, etc.
4.Witness testimony: If someone can prove the fact of trademark infringement, such as employees, customers, etc., their testimony can also be used as evidence.
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.