What does “Product type or model does not exist” mean?
It refers to the scenario where the trademark used on product is the same as the registered trademark of the complainant. However, the listed product type or model does not exist or has never been manufactured by the complainant or authorized third parties.
The complained party uses our trademark, but the product model or type was not produced by us or our authorized third party. How can I submit the complaint?
If the trademark used on product is the same as the complainant’s registered trademark. However, the listed product type or model does not exist or has never been manufactured by the complainant or authorized third parties, it can be complained as “This type or model does not exit”.
Note: This complaint reason does not apply to the scenarios as below:
Scenario 1: The complainant’s trademark is used in a descriptive manner to describe model, quality, quantity, specifications, function, usage, weight etc. of a product. For example, the product title is described as"本墨盒适用于A（品牌）打印机"(The ink box is fit/suitable for A(brand) printer). It may not cause confusion to consumers as to the origin of products.
Scenario 2: The complainant’s trademark is a generic name in a certain industry.
The product to be complained of is our old model/type, which is not distributed in the market anymore, can it be complained as “This type or model does not exist”?
This reason applies to the scenario only where the type or model of the listed products, with rights holder’s trademark, does not exist or has never been manufactured by the complainant or authorized third parties. If the type or model of the listed product has been manufactured, but there are differences by comparing genuine branded product and the listed products, please choose other complaint reason and provide relevant prima facie evidence, such as counterfeit features, test buy, etc.