What does “Free riding” refer to?
It refers to the scenario where the product description uses complainant’s registered trademark apart from its own brand that may lead to consumer confusion, and the use of the trademark(s) is not descriptive.
If the seller is not authorized to sell my products but displays my trademark on the product title, can we file complaints based on “Free riding”?
No. According to relevant laws and regulations, if the rights holder’s genuine products are displayed and offered for sale by a seller on Taobao.com, it does not constitute trademark infringement to use the rights holder’s trademark on the product listing, including the trademark displayed on the product title, description, etc.
Note: This complaint reason only applies to the scenario where the product description uses complainant’s registered trademark apart from its own brand that may lead to consumer confusion, and the use of the trademark(s) is not descriptive.
If a seller uses a similar trademark or part of our trademark on the product subject to complaint, can it be complained as “Free riding”?
It may constitute trademark infringement only if the trademark used on the product offered for sale is identical with your registered trademark. If the trademark displayed on the product is not identical with your registered trademark, we are not in a position to process the complaint.
Note: If you believe that the trademark used on the product offered for sale constitutes a similar trademark with your registered trademark, which causes confusion to consumers, please provide us with the prima facie evidence, such as a judicial or administrative decision on the similarity of the two trademarks.