Trademarks-Counterfeit Interpretation of complaint reason

    Definition

Counterfeit Sellers used the same trademark on the same type of goods without the permission of the registered trademark holder.

    Types of Proof

Test buy: The rights holder conducted a test-buy of the product and confirms it to be counterfeit or pirated.
Trade Manager chat tool: The seller has admitted on the Trade Manager chat tool that the product is counterfeit.
Judicial judgment or administrative decision: Confirmed as infringement through judicial or administrative decision.
Other forms: Other means of proof besides the above.

    Scenario

Note: The following cases are examples of "other forms", that is, where the right holder can determine that the goods sold by the complainant are counterfeit products through the product information page.

Scenario 1: Counterfeit features
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.
For instance: 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.
Example：

Complaint reasons: Please describe the features of the infringement. (E.g. There is a white triangular nose on the product subject to complaint while there is no white triangular nose on a genuine one.)
Supporting evidence:Please provide a means of comparison and elaborate upon the difference(s) between the genuine product and the suspected counterfeit product with comments in detail.
You may refer to the sample comparison document below:



Scenario 2: Obvious Counterfeits
The description or photos of the product being offered for sale explicitly demonstrate that the product offered for sale is counterfeit.
For instance: Where the rights holder’s brand is A and 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 counterfeit status in the title or detailed description of the product offered for sale. In such case, the rights holder could submit a complaint against the product by providing screenshot(s) pointing out the specific location of the above.
Example:

Complaint reasons: Please elaborate the reasons for trademark infringement. (E.g. The title and the attributes of the product subject to the complaint use brand A, and also indicate that it is a high imitation of a brand A product.
Supporting evidence: Please provide screenshots showing the infringement. You may refer to the sample of supporting evidence below:
Note: The images of infringement in the above are designed for reference rather than for sale.

Scenario 3: This model or type does not exist
The type or model of the product offered for sale with registered trademark A was never produced by the rights holder or authorized manufacturer. In which case, the complaint can be filed on the basis of “This model or type does not exist”.
For example: The right holder’s brand is A, and the product offered for sale features brand A on the product, or the brand of the seller’s product is described clearly as brand A, or the product details page specifies brand A. In such a case brand A should have been produced in this trademark category, but this model or style has not been produced. For example, only trousers have been produced or sold but no tops have been produced or sold, and the product displayed is a brand A top - in this case, the right holder of brand A can initiate a complaint based on counterfeit goods.
Example:

Complaint reasons:Please elaborate the specific type of unproduced product. For instance, trousers have been produced, but white T-shirts have not been produced.
Supporting evidence: Please provide documentary proof of unproduced products.
Note: The images of infringement in the above are designed for reference rather than for sale.

    FAQ from Rights Holders

  • Q: When could I submit a complaint based on "Counterfeit"?
    A： First, please check that the brand of the product sold by the seller is consistent with the trademark of the right holder (verify from the physical product, brand, title, and product detail page). If the trademarks are inconsistent, you need to provide proof of similar trademarks and submit a complaint based on "Unfair/unauthorized use of others' copyright on products". If the seller uses the trademark without the right holder's authorization in the product information page, the rights holder may submit a complaint based on "Unfair/unauthorized use of others' trademark on product information page".
    Example 1: Trademark appears on the physical product:


    Example 2: Trademark appears in the product brand description


    Example 3: Trademark appears in the title of the product, and another brand cannot be verified on the physical product and brand description

    (The right holder’s trademark is A, it could be considered that the seller’s product brand is consistent with the right holder’s trademark in the above examples)
    Second, the product category needs to be consistent with the trademark protection category. If there is cross-category protection, it is necessary to provide proof of a Well-known mark and initiate a complaint on the basis of "Improper use of others' trademark on the product."
    Third, please provide sufficient evidence to judge that the goods subject to the complaint are counterfeit, such as purchasing identification, Trade Manager chat, judicial or administrative decisions, or other types of proof included the product detail page (see examples above).

  • Q: Shall I submit a 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 additional supporting evidence for further review.

  • Q: Should I submit a counterfeiting-based complaint if my brand information was not displayed in the 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 the actual product can be verified to contain another brand(s), but your brand appears on the product page, it is recommended that you initiate a complaint under "Unfair/unauthorized use of others' trademark on product information page".
    If the product cannot be identified as any particular brand, and the product page cannot be used to verify it as any third-party brand, you can initiate a complaint under "counterfeit goods", and Alibaba will review it based on the evidence you provide.

  • Q: The seller’s product has its own brand, but my trademark is used on the product details page, does it necessarily constitute a trademark infringement?
    A: In this case, the behavior of the seller is not necessarily infringing. Alibaba will need to consider the physical product as well as the product details page to determine whether the behavior of the seller falls under a right of legitimate use (fair use). For example, when the seller is selling the product, it can use the registered trademark of others to help consumers identify the purpose of product.
    For example: "This ink cartridge is suitable for A (brand) printers. Consumers will generally not mistakenly believe that the ink cartridge is produced by the printer manufacturer, but will believe that the ink cartridge can be used in A (brand) original printers.

  • Q: The goods sold by the seller are inconsistent with our genuine products, how can I complain?
    A: If the seller’s product details page has a product displayed, and the product on display on the page can be judged to be a counterfeit product, you can provide a specific comparison between the genuine product and the complained product. It is recommended that pictures and text are compared from multiple angles. Upload it as an attachment on the IPP Platform. (For the pictures of the genuine product and the product subject to complaint, please compare the color, size, material and other objective and verifiable features from the same angle.)
    If you have purchased seller's product and the product has been judged as a counterfeit product, you can select "Test buy" as the proof type, fill in the purchase order number, and provide an authentication report with an official seal/stamp.

  • Q: Why can't the product be judged as counterfeit even though I have submitted a comparison between the genuine product and the complained product?
    A: Please check whether the proof was specific for the complained products. For example: The business sells shoes, but you provided comparison between clothes.
    Please provide a comparison of the specific differences between the genuine product and the complained product. It is recommended to compare images and texts from multiple angles and upload them via the IPP Platform as attachments.
    Please compare the color, size, material and other objective features in pictures from the same angle.

  • Q: May I provide consumers' feedback about 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 via Trade Manager, or other information observed on the product listing.

  • Q: Does it constitute trademark infringement if a seller sells our products at low prices?
    A: Please note that we are not able to process complaints against sale of the rights holders' products based on a lower price lower than the standard price of other sales distribution channels. We suggest you solve such disputes by other means.

  • Q: Does it constitute trademark infringement where a seller, without my authorization, is selling my products?
    A: Please note that we are not able to process complaints against unauthorized distribution of genuine products on Taobao.com. We suggest you solve such disputes by other means.