How to bring a suit once imitation and abuse of registered trademark discovered

According to the 51st article of the "Regulation for the Implementation of the Trademark law of P.R.C", where the exclusive right to use a registered trademark is infringed upon, each and every person may lodge a complaint with or report the case to the authority of Administration for Industry and Commerce.

1.Once having proof of his exclusive right to use a registered trademark being encroached upon, the registrant of the trademark may lodge a complaint with the local Administration of Industry and Commerce as county level above , also may directly take prosecution to the people's court. The registrant's prosecution must be qualified as below:

(1) Prosecutor should be the registrant of trademark whose registered trademark being infringed upon. If attorney involved, the proxy with consignor's signature or seals should be submitted to the Administration of Industry and Commerce;

(2) According to the 18th stipulation of the "Trademark Law of P.R.C", once prosecutor is foreigner or foreign enterprise, the suit should be taken by an officially qualified agent;

(3) Submits the effective qualifications proof as the registrant of trademark and the trademark registration proof;

(4) Submits the written suit, including the concrete suit object, the right infringement fact and the reason, the legal basis and the processing request;

(5) Provides the essential infringement evidence, including infringement material object, infringement marking, related bill and pictures and so on.

2. Consumer discovered the behavior of encroaching upon the registered trademark authority in market, may prosecute to the local Administration of Industry and Commerce, also may dial the special number 12315 to carry on the suit. Moreover, for convenience of the consumer or registrant's prosecution, the SHAIC's 245 stations have established in the whole city 4, 688 connecting points for consumer rights protection, which also accepts the trademark prosecution.