First, how to report infringing products
When trademark infringement is found, the infringed may complain to the Trademark Management Office of the Municipal Administration for Industry and Commerce or the Trademark Advertising Contract Management Section of the Industrial and Commercial Branch, or bring a lawsuit to the people's court. When making a request to the administrative department for industry and commerce, there must be a written request. The written request shall specify the cause of the request, the legal basis of the request, the name and address of the claimant, the name of the infringer and the place where the infringement occurred. Of course, if you are a foreigner or a foreign company, you should entrust a trademark agency with foreign agency.
2. What should I do if I receive a notice of trademark infringement?
As soon as you receive the notice of trademark infringement, you should seek the assistance of relevant legal institutions in time, or entrust a trademark agency to handle the matter. In addition, the first thing you have to do is to confirm whether you have really infringed on the registered trademark of others and what aspects of the registered trademark of others have been infringed. The second is to pay attention to the collection of evidence. The more relevant supporting materials, the better for safeguarding rights. In the aspect of evidence collection, it includes trademark advertisements, types of registration certificates, number and time of renewal, and the use of evidence in the market, so as to greatly reduce and reduce the trial decisions and results in the process of court appeal and defense.
Third, how to write the notice of trademark infringement
Lawyer's Letter from XX Law Firm
(XX)XX law letter number (XX)
To Mr. B.
Entrusted by Company A, XX Law Firm assigned the lawyer to handle the trademark infringement dispute between Mr. B and the client. In view of Mr. B's unauthorized use of the trademark name "* * *", combined with relevant facts and legal provisions, we write as follows:
The trademark "* * *" was founded by the client, owned by the client and used continuously. It applied for a trademark patent in accordance with the law in X month of X year, and the announcement was approved. In X month, X year, Mr. B expressed his intention to join the customer's "* * *" brand, and made a preliminary communication with the customer. Later, we discussed the joining matters with our customers and learned more about the joining conditions and other cooperation matters of our customers' companies. Later, due to the problem of joining cooperation mode, the two sides failed to reach an understanding and failed to join.
In X month of X year, the customer reached a cooperation intention with another interested customer, Mr. C, and signed a franchise agreement, authorizing Mr. C to join the "* * *" brand in XX area. Recently, the customer learned that Mr. B opened a "* * *" store in XX without the authorization of the customer, and recruited overseas in the name of "* * *", which has seriously affected the customer's reputation and normal business activities, and made the customer face the legal risk of breach of contract.
In view of the above facts, Mr. B's behavior has seriously infringed on the legitimate trademark rights and interests of the client, and he should bear the tort liability according to the relevant provisions of the General Principles of Civil Law and Trademark Law. Please ask Mr. B to immediately stop the infringement, eliminate the influence, stop all use of the "* * *" brand, and contact our lawyer or client to negotiate and handle related matters within three days from the date of receiving the letter. Otherwise, the client will have the right to safeguard his legitimate rights and interests through legal channels. At that time, Mr. B will not only stop the infringement, apologize, eliminate the influence and compensate for the losses, but also bear all the legal responsibilities for the infringement, which will have a great impact on Mr. B's reputation and future business.
I'm writing to inform you that I hope Mr. B will consider it carefully and don't complain about being tired!
XX law firm
Lawyer: X X
XX year XX month XX day
The above is a detailed introduction on how to report infringing products for you. Reporting infringing products can be carried out in the administrative department for industry and commerce or consumer associations, and it is best to provide relevant evidence when reporting. If you have any legal problems, please consult a professional lawyer, and we will serve you wholeheartedly.