Trademarks: Unfair Use of Registered Trademark
Interpretation of Complaint Reason
 Definition |
The trademark or logo that prominently appears on the product information page is identical to the registered trademark of the rights holder. It does not include the scenarios where the trademark is used in a descriptive manner within a fair, reasonable scope.
| Case Study |
If trademark A appears on the products which are subject to the complaint, it might constitute infringement if the trademark is also prominently displayed on product’s main image or detailed images. In such circumstance, the rights holder may submit a complaint based on unfair use of trademark on product images.
| Example |
Exclusions for complaints based on unfair use of trademark on product images?
Scenario one: The trademark was displayed only on the products themselves.
The complaint will not be successful when the right holder submits a complaint based on “unfair use of registered trademark” if the logo of trademark A appears only on the T-shirt rather than on the product information page, as below:
The complaint will not be successful when the right holder submits a complaint based on “unfair use of registered trademark” if the logo of trademark A appears only on the T-shirt rather than on the product information page, as below:
Scenario two: The trademark displayed on the product image is inconsistent with the registered trademark, like its color. Complaints will not be processed on the basis “unfair use of registered trademark” if the trademark displayed on the product image is inconsistent with the registered trademark of rights holder.
| Complaint submission instructions |
Please log into Alibaba’s IPP Platform (Complaint Submission-Manage Complaints) and choose the corresponding platform. For example, for filing notifications against products on Taobao.com, please choose “淘宝网Taobao.com”.
Other steps of the complaint submission details page 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 “unfair use of registered trademark”.
5. Infringing listings: Please submit valid URL of infringing product listings.
6. Supplement infringement reason(s): Please declare your complaining reason and specify the infringement.
7. Documental proof of infringement: Please submit the supporting evidence to demonstrate the infringement.
Other steps of the complaint submission details page 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 “unfair use of registered trademark”.
5. Infringing listings: Please submit valid URL of infringing product listings.
6. Supplement infringement reason(s): Please declare your complaining reason and specify the infringement.
7. Documental proof of infringement: Please submit the supporting evidence to demonstrate the infringement.
| FAQ for Rights Holders |
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(s) 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 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 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.
Q：Does it constitute trademark infringement where a seller, without my authorization, sell my products?
A: According to relevant laws and regulations, if the rights holder’s genuine products are offered for sale by seller on Taobao.com, 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 lower price than the standard price by other sales distribution channels. Neither of them constitutes trademark infringement. We suggest you resolve 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 lower price than the standard price by other sales distribution channels. Neither of them constitutes trademark infringement. We suggest you resolve such disputes by other means.
FAQ of Alibaba Intellectual Property Protection Platform ↑