Trademark infringement in China

What to Do When Your Trademark Is Infringed

Gathering Evidence

Evidence of Infringement Acts: Make every effort to comprehensively collect materials that can prove the infringement facts. For instance, take clear photos of the infringing products, keep the actual infringing items, obtain the sales invoices, product catalogs, and promotional materials, etc., so as to clearly display how the infringer is using the trademark.

Evidence of Your Trademark Rights: Prepare documents such as the trademark registration certificate and the trademark use authorization document to prove that you possess the legal rights to this trademark.

Evidence of Economic Losses: Gather relevant proofs regarding the economic losses caused by the infringement acts. Such as the statistical data of decreased sales volume, the evaluation reports of reduced market share, and the receipts for the expenses spent on rights protection. This will provide solid support when claiming compensation.

Negotiating with the Infringer to Solve the Problem

Taking the Initiative to Communicate: The trademark owner can directly get in touch with the infringer or send a notice to the infringer through a lawyer, stating your stance and requirements. Demand that the infringer immediately cease the infringement activities and negotiate on matters like compensation, aiming to reach a settlement agreement.

Stating Clear Requirements: During the negotiation process, clearly request the infringer to stop using the infringing trademark, destroy the infringing products, and compensate for the economic losses, etc. Also, pay attention to retaining the relevant evidence during the negotiation, like emails, text messages, and call records, for possible use in future legal proceedings.

Seeking Assistance from Administrative Departments

Filing a Complaint with the Administrative Department for Industry and Commerce: You can lodge a complaint with the local administrative department for industry and commerce or the relevant market supervision department, asking them to investigate and handle the infringement acts.

Cooperating with the Investigation: While the administrative department for industry and commerce is dealing with the case, actively cooperate with their investigation work, provide relevant evidence and information, and assist them in confirming the establishment of the infringement acts and taking corresponding punishment measures, such as ordering to stop the infringement, confiscating and destroying the infringing products, and imposing fines.

Initiating Legal Proceedings

Hiring a Professional Lawyer: Consult a professional intellectual property lawyer. The lawyer will evaluate the nature and severity of the infringement acts based on the specific circumstances, formulate a reasonable litigation strategy, and draft and submit legal documents such as the complaint.

Filing a Lawsuit in the Court: File a trademark infringement lawsuit in the people's court with jurisdiction, asking the court to order the infringer to stop the infringement activities, compensate for the economic losses, eliminate the adverse effects, etc., and bear the corresponding legal responsibilities.

Participating in the Litigation Process: During the lawsuit, participate in the trial and other litigation procedures as required by the court, cooperate with the lawyer to provide evidence and conduct arguments, so as to safeguard your legitimate rights and interests.

Considering Cooperation with Anti-counterfeiting Companies

Selecting Regular Institutions: Choose qualified and reputable anti-counterfeiting companies or intellectual property rights protection institutions to cooperate with, and sign a detailed cooperation agreement to clearly define the rights and obligations of both parties.

Jointly Protecting Rights: The anti-counterfeiting companies will utilize their professional resources and experience to provide comprehensive rights protection services for the trademark owner, including investigating and collecting evidence, filing lawsuits, etc. And they will receive the corresponding remuneration according to the agreement after successful rights protection.

Strengthening Brand Protection Measures

Continuously Monitoring the Market: Regularly monitor the market to promptly detect and stop potential trademark infringement acts and maintain the market order of the brand.

Improving Trademark Management: Strengthen the management and maintenance of the trademark, handle trademark renewal, change and other procedures in a timely manner to ensure the effectiveness of the trademark rights.

Enhancing Brand Awareness: Strengthen the brand awareness training for employees and partners, raise their attention to trademark protection, and prevent the occurrence of trademark infringement due to poor internal management.