How to bring a suit once imitation and abuse of registered trademark discovered
| According to the 77st article of the Regulation for the Implementation of the Trademark law of P.R.C, where the exclusive right to use a registered trademark is infringed upon, each and every person may lodge a complaint with or report the case to the authorities of Administration for Industry and Commerce.
1.Once having proof of his exclusive right to use a registered trademark being encroached upon, the registrant of the trademark may lodge a complaint with the local authorities of Administration of Industry and Commerce at and above county levels, also may directly take prosecution to the people's court. The registrant's prosecution must be qualified as below:
(1) Prosecutor should be the registrant of the trademark whose registered trademark is infringed upon. If attorney involved, the proxy with consignor's signature or seal should be submitted to the authorities of Administration of Industry and Commerce;
(2) According to the 18th stipulation of the Trademark Law of P.R.C, once prosecutor is foreigner or foreign enterprise, the suit should be taken by an officially qualified agent;
(3) Submit the effective qualification proof as the registrant of trademark and the trademark registration proof;
(4) Submit the written suit, including the concrete suit object, the right infringement fact and the reason, the legal basis and the processing request;
(5) Provide the essential infringement evidence, including infringement material object, infringement marking, related bill and pictures and so on.
2. Consumer discovering the behavior of encroaching upon the registered trademark authority in market, may prosecute to the local authorities of Administration of Industry and Commerce, and also may dial the special number 12315 to carry on the suit. Moreover, for convenience of the consumer or registrant's prosecution, the 8500 contact points or stations for the protection of consumers’ rights and interests have been established in the SHAIC's 235 grass-roots units, which also accept the trademark prosecution.