Trademarks: Obvious Counterfeit
Interpretation of Complaint Reason
 Definition |
The description or photos of the product offer for sale explicitly demonstrate that the product offered for sale is counterfeit.
| Case Study |
Where the rights holder’s brand is A, and if the brand of a seller’s product offered for sale is indicated as “A” or the detailed description of the product offered for sale explicitly indicates brand “A, and there are obvious words indicating to be counterfeit in the title or detailed description of the product offered for sale, the rights holder could submit a complaint against the product offered for sale by providing screenshot(s) pointing out the specific location of the above.
| Example |
Description of the product shows words of obvious counterfeit, “high imitation (原版高仿)”and Brand A is used on the Product Title and Brand Attribute.
• Complaint reasons: Please elaborate the reasons for trademark infringement.(e.g. The title and the attribute of the product subject to the complaint use Brand A, and indicate that it is a high imitation (原版高仿) of Brand A product. Supporting evidence: Please provide screenshots showing the infringement. You may refer to the sample of supporting evidence as below:
Note: The images of infringement in the 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 Obvious Counterfeit.
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 Obvious Counterfeit.
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: Shall I submit a complaint about obvious counterfeit when the infringement features of counterfeit can be determined from the product images?
A: The complaint reason of Obvious Counterfeit applies to the scenario that obvious counterfeit word or description is included in the title or description of the product offered for sale.
If the infringement features of counterfeit can be demonstrated by comparing a genuine product and the counterfeit, you should submit a complaint of counterfeiting and choose the complaint reason of Trademark-Counterfeit-Counterfeit Features. Moreover, please provide the comparison document and demonstrate the difference(s) between a genuine product and the counterfeit with detailed explanations.
If the infringement features of counterfeit can be demonstrated by comparing a genuine product and the counterfeit, you should submit a complaint of counterfeiting and choose the complaint reason of Trademark-Counterfeit-Counterfeit Features. Moreover, please provide the comparison document and demonstrate the difference(s) between a genuine product and the counterfeit with detailed explanations.
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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