Trademarks: Counterfeit Features
Interpretation of Complaint Reason
 Definition |
The rights holder compares the pictures or description of the listed product with a genuine product and demonstrates that there are differences indicating the product offered for sale is counterfeit.
| Case Study |
The registered trademark A is used on the product offered for sale, which is verified to be non-genuine product of Brand A from the product images or description in color, materials, shape, etc. In such circumstance, the rights holder of registered trademark A could submit a trademark infringement complaint based on Counterfeit Features by elaborating the differences between the counterfeit product and genuine products via the product images of same model through the color, materials, shape, etc.
In case the type or model of the product offered for sale with registered trademark A was never produced by rights holder or authorized manufacturer, it can be complained as “This model or type does not exist”.
In case the type or model of the product offered for sale with registered trademark A was never produced by rights holder or authorized manufacturer, it can be complained as “This model or type does not exist”.
| Example |
To prove a product is counterfeit based on the product images or descriptions, please compare the image(s) of the product subject to complaint with that of a genuine product from the same angle and demonstrate the difference.
• Complaint reasons: Please describe the features of the infringement. (E.g. The heart on the product subject to complaint is in pink while its white on the genuine one. Also, there is a white star with a pink heart on the back of the product subject to complaint while there is only a white star on a genuine one.)
• Supporting evidence: Please provide the comparison document and elaborate the difference(s) between the genuine product and the suspected counterfeit product with comments in details. You may refer to the sample of comparison document as below:
Note: The images of infringement mentioned above are designed for reference rather than for sale.
| Complaint submission instructions |
Please log into Alibaba IPP Platform (Complaint Submission-Manage Complaints) and choose the pertinent platform. For example, for sending notifications against products on Taobao.com, please choose "淘宝网Taobao.com".
Other steps of the complaint submission should be completed as below:
1. IPR: "Trademark".
2. Please choose the corresponding trademark information. (Note: Please note that takedown requests against Taobao listings should be filed based on valid intellectual property rights under protection by PRC laws.)
3. Complaint type: Please choose "Product listing".
4. Reason: Please choose Counterfeit Features.
5. Infringing listings: Please submit valid URL of infringing product listings.
6. Supplement infringement reason(s): Please declare your complaint basis and specify what the infringement is.
7. Documental proof of infringement: Please submit supporting evidence to demonstrate the infringement.
Other steps of the complaint submission should be completed as below:
1. IPR: "Trademark".
2. Please choose the corresponding trademark information. (Note: Please note that takedown requests against Taobao listings should be filed based on valid intellectual property rights under protection by PRC laws.)
3. Complaint type: Please choose "Product listing".
4. Reason: Please choose Counterfeit Features.
5. Infringing listings: Please submit valid URL of infringing product listings.
6. Supplement infringement reason(s): Please declare your complaint basis and specify what the infringement is.
7. Documental proof of infringement: Please submit supporting evidence to demonstrate the infringement.
| FAQ for Rights Holders |
Q: Does it constitute trademark infringement where a seller, without my authorization, is selling my products?
A: According to relevant laws and regulations, if sellers on Taobao.com offer the rights holder’s genuine products for sale, it does not constitute an act of trademark infringement.
Please note that we are not able to process complaints against unauthorized distribution of genuine products on Taobao.com or sale of the rights holder’s products at a price lower than the standard price of other sales distribution channels. Neither of them constitutes trademark infringement. We suggest you solve such disputes by other means.
Please note that we are not able to process complaints against unauthorized distribution of genuine products on Taobao.com or sale of the rights holder’s products at a price lower than the standard price of other sales distribution channels. Neither of them constitutes trademark infringement. We suggest you solve such disputes by other means.
Q: What is the requirement for proving the counterfeit?
A: Please compare the images of a genuine product and counterfeit with the consistent model or pattern from the same angel through its color, size, material, etc. and demonstrate the difference(s) with detailed explanations. The comparison document or screenshots should be uploaded as supporting evidence in the “Document poof of infringement” section.
Q: May I provide other buyer’s feedback of the product being complained as supporting evidence?
A: No. Currently, buyers’ feedback cannot be applied as supporting evidence. Please prove infringement by other means, such as judicial or administrative decision, Test Buy, chatting records of Trade Manager, etc.
Q: Shall I submit counterfeit complaint if my brand information was not displayed on the title or detailed description of the product offered for sale?
A: Once we receive your IPR infringement complaint, we will review and verify the information in the product listing subject to a complaint. If your brand cannot be found in the information of the product listing, it may not constitute counterfeiting or other types of infringement. In such circumstance, please provide further evidence to prove that the product subject to a complaint is using your brand and provide us with further supporting evidence for further review.
Q: What does it mean when the products subject to a complaint do not fall into the scope of goods/services covered and protected by my trademark registration?
A: Trademark protection is limited to the class(es) covered by a trademark registration, and it may constitute trademark infringement where the product subject to a complaint falls into the scope of goods covered by the trademark registration.
For example: Where the rights holder has registered a trademark in Class 3 but tries to submit a trademark complaint against products in Class 25 based on the trademark in Class 3, the products subject to the complaint do not fall into the class covered by the rights holder’s trademark.
For example: Where the rights holder has registered a trademark in Class 3 but tries to submit a trademark complaint against products in Class 25 based on the trademark in Class 3, the products subject to the complaint do not fall into the class covered by the rights holder’s trademark.
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