What does Obvious Counterfeit refer to?
It refers to the scenario where there is obvious description indicated on the product listing subject to complaint admitting that it is counterfeit.
It looks like a counterfeit seen from the product images, can it be complained as “Obvious Counterfeit”?
Obvious counterfeit mainly refers to the scenario where there is description indicated on the product subject to complaint which explicitly admits that it is counterfeit, such as high imitation (原版高仿), 1:1 copy (1:1复制), etc. If a product is counterfeit upon verification by comparing the images of the product with your genuine product, you may complain via “Counterfeit Features” and provide the comparison document with screenshots and relevant comments to demonstrate the difference(s).
If a seller is not authorized to sell our brand products, can it be complained as “Obvious Counterfeit”?
No. Obvious counterfeit mainly refers to the scenario where there is description indicated on the product being complained which explicitly admits that it is counterfeit, such as high imitation (原版高仿), 1:1 copy (1:1复制), etc.
Furthermore, according to relevant laws and regulations, if sellers on Taobao.com offer the rights holder’s genuine products for sale, it does not constitute trademark infringement.
If a seller is selling our brand product at lower price than our standard price, can be it complained as “Obvious Counterfeit”?
No. Obvious counterfeit mainly refers to the scenario where there is description indicated on the product subject to complaint which explicitly admit that it is counterfeit, such as high imitation (原版高仿), 1:1 copy (1:1复制), etc.
Furthermore, low price may be taken into account to prove that a product offered for sale is counterfeit, but it may not a determinative factor. Please provide further more specific evidence of counterfeiting.
If a seller is not authorized to use our trademark in the product listing (the product itself, title, or description) as advertisement, can it be complained as “Obvious Counterfeit”?
No. Obvious counterfeit mainly refers to the scenario where there is description indicated on the product subject to complaint which explicitly indicates that it is counterfeit, such as high imitation (原版高仿), 1:1 copy (1:1复制), etc.
If a product offered for sale is genuine, it is fair use to display the registered trademark on the product listing (the product itself, title, or description) as advertisement to identify the origin.