I. Complaints about Intellectual Property Infringement
Complainant: (subject with legal agent)
Respondent: (state name, date of birth, why you are the owner and address)
Second, the patent infringement complaints
Request the administrative department for industry and commerce to investigate and deal with the infringement and illegal acts of the respondent in violation of the Anti-Unfair Competition Law of People's Republic of China (PRC) and the Trademark Law of People's Republic of China (PRC), which damages the interests of the applicant and infringes on the exclusive right to use the trademark of the applicant, and order the respondent to immediately stop the infringement, and dismantle the signboards and advertisements of the respondent's shop according to law, and seal up and detain the infringing goods of the respondent's shop.
Third, how to write the reasons for patent infringement complaints?
The complainant is the general agent of "XX" brand goods in Guangxi, and enjoys the exclusive right to the name, registered trademark, trademark design (LOGO), store image and logo of "XX" brand enterprises in Guangxi. No one may use it without the authorization of the complainant. The complainant received the report and verified it by the complainant. Since July 2008, the respondent has used the above name and logo to illegally deal in "XX" brand goods without the permission of the applicant, and the applicant has repeatedly asked the respondent to stop the infringement.
Article 5 of the Anti-Unfair Competition Law of People's Republic of China (PRC) stipulates: "Operators shall not engage in market transactions by the following unfair means, which will harm competitors:
(a) counterfeiting the registered trademark of others;
(2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, resulting in confusion with other people's well-known commodities, so that the buyer mistakenly thinks it is the well-known commodity;
(three) unauthorized use of another person's enterprise name or font size, so that people mistakenly believe that it is another person's goods;
(4) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities, forging the place of origin, and making misleading false representations about the quality of commodities. "
Article 52 of the Trademark Law of People's Republic of China (PRC) stipulates: "Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others. "According to the above-mentioned laws and regulations, the respondent's behavior has constituted infringement, and its infringement has seriously violated the legitimate rights and interests of the complainant and caused great economic losses to the complainant. In order to safeguard their legitimate rights and interests and crack down on infringement and speculation, the complainant has filed a complaint with your bureau according to law. On the basis of finding out the facts, please follow Article 21 of People's Republic of China (PRC) Anti-Unfair Competition Law and Article 50 of People's Republic of China (PRC) Trademark Law.
I am here to convey
XX administration for industry and commerce
Complainant:
date month year
China has strict requirements on patent infringement complaints. Therefore, according to the above contents, we can know how to write the reasons for complaints about patent infringement, as well as complaints about patent infringement and other related contents. These are all the knowledge you need to know. If you have any other questions, please come to consult.