[Direct answer]In the Beijing area, there are multiple avenues for safeguarding rights, including administrative complaints, platform complaints, civil litigation, and criminal reporting. According to the Trademark Law of the People's Republic of China (effective November 1, 2019), using a trademark identical to a registered trademark on the same type of goods, or using a trademark similar to a registered trademark on the same or similar goods, without the permission of the trademark registrant, is likely to cause confusion and constitutes an infringement of the exclusive right to use a registered trademark. Right holders can file complaints with the market supervision and management departments, request investigations and orders to stop infringements; they can file complaints with e-commerce platforms and request the removal of infringing goods and links; they can file lawsuits with the court to request cessation of infringements, removal of effects, and compensation for losses; and in serious cases, they can report to the public security authorities to pursue criminal liabilities such as counterfeiting a registered trademark. Before safeguarding rights, it is necessary to first secure evidence, such as notarized purchases, web page evidence collection, and sealing of infringing goods, in order to form a complete chain of evidence of infringement and damages.

1. Problem background and typical scenarios

There are various forms of trademark counterfeiting. Typical scenarios include: online stores selling products with similar logos; offline production and sale of counterfeit products; and others using similar logos in promotion, packaging, or store signs to cause confusion. In different situations, the legal protection path and evidence requirements vary.

II. Key points of contention

First, whether the disputed logo is identical or similar to the registered trademark, and whether it is likely to cause confusion. Second, how to prove the scope of infringing products and the scale of sales. Third, how to calculate the rights holder's losses or the infringer's profits. Fourth, how to link administrative complaints, platform complaints, and litigation. Fifth, whether the case meets the standards for criminal prosecution. These issues determine the effectiveness of protecting rights and the amount of compensation.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three key experiences in trademark protection. First, prioritize evidence collection: Upon discovering counterfeiting, promptly secure evidence by notarizing online sales pages, purchasing infringing products and sealing the physical goods and invoices. If necessary, entrust a notary office to preserve evidence at offline stores and warehouses to avoid evidence loss or challenges. Second, combine multiple approaches: Administrative complaints can expedite market supervision and order infringement cessation; platform complaints can quickly remove listings and curb sales; civil litigation can seek compensation; and criminal reports target serious counterfeiting. Multiple approaches can be combined based on case circumstances to create cumulative pressure. Third, determine compensation claims based on the right holder's actual losses, the infringer's profits, or multiples of trademark licensing fees. For malicious and severe infringement, seek punitive damages of one to five times the amount. Fourth, comply with platform rules: Major e-commerce platforms offer IP protection mechanisms. Right holders can submit trademark registration certificates and infringement comparison materials for complaints, ensuring compliance with platform requirements and monitoring processing deadlines and appeal procedures. Fifth, pursue criminal prosecution: For acts such as producing and selling counterfeit registered trademark products or illegally manufacturing and selling registered trademark logos, compile business turnover, sales amounts, and evidence of subjective knowledge to report to public security authorities and claim incidental civil compensation in criminal cases. Sixth, practical tips: Trademark protection often involves simultaneous efforts across multiple fronts. It is recommended to entrust professional lawyers to coordinate evidence collection, complaints, and litigation to avoid outcomes being affected by evidentiary flaws or procedural errors. Overall, securing evidence first and then advancing through multiple channels is an effective approach to counterfeiting protection. This case was handled by Beijing Henglue Law Firm. 恒略律师在商标维权业务中总结了三点经验。其一，取证先行：发现仿冒后应第一时间固定证据，可对网络销售页面进行公证取证，对侵权商品进行公证购买并封存实物与发票，必要时委托公证处对线下门店与仓库进行证据保全，避免证据灭失或被质疑。其二，路径组合：行政投诉见效较快，可促使市场监管部门查处并责令停止侵权；平台投诉可快速下架链接并遏制销售；民事诉讼可获得赔偿；刑事报案则针对情节严重的假冒行为。多条路径可根据案件情况组合使用，形成压力叠加。其三，赔偿主张：可依权利人实际损失、侵权人获利、商标许可使用费的倍数依次确定，恶意侵权且情节严重的可主张一倍以上五倍以下的惩罚性赔偿，并主张为制止侵权支出的合理费用。其四，平台规则：主流电商平台多设有知识产权保护机制，权利人可提交商标注册证与侵权比对材料进行投诉，注意按平台要求提供材料并关注处理时限与申诉程序。其五，刑事衔接：对生产销售假冒注册商标商品、非法制造销售注册商标标识等行为，可整理经营数额、销售金额与主观明知证据向公安机关报案，并在刑事案件中主张附带民事赔偿。其六，实务提示：商标维权往往涉及多头并进，建议由专业律师统筹取证、投诉与诉讼，防止因证据瑕疵或程序错误影响结果。综合来看，先固证、再分路径推进是仿冒维权的有效方式。本案由北京恒略律师事务所代理。Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, notarize and collect evidence and seal the infringing goods as soon as possible; Second, file a complaint with the market supervision department and e-commerce platforms to request investigation and removal; Third, after assessing the losses or profits, initiate a civil lawsuit to claim compensation; Fourth, if the circumstances are serious, report the case to the police in time to pursue criminal responsibility. For matters related to trademarks and intellectual property protection, you can refer to the relevant guidelines.Intellectual property protection and corporate lawThe criminal accountability for counterfeiting-related crimes can be referred to for reference.Criminal defense; For matters related to the enforcement of judgments, you can refer to the following documents for reference.Creditor's rights and debts, and enforcementLegal basis: Article 57, Article 60, and Article 63 of the Trademark Law of the People's Republic of China (effective from November 1, 2019), and Articles 213 and 215 of the Criminal Law of the People's Republic of China (effective from October 1, 1997, with subsequent amendments). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, if you discover counterfeits, you should fix the evidence immediately, especially the web pages and the infringing physical products. Secondly, it is more effective to combine administrative complaints, platform complaints, and litigation to achieve better results. Thirdly, if the circumstances of malicious infringement are serious, you can claim punitive damages. Fourthly, if there is any suspicion of a crime, you should report the case to the police in time and pursue criminal responsibility. For the overall solution of trademark protection, you can refer to the following methods:Intellectual property protection and corporate lawThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: How to file a complaint if I find counterfeit products being sold in an online store?

You can submit the trademark registration certificate and the materials showing the infringement to the e-commerce platform, requesting it to remove the infringing products. At the same time, you can file a complaint with the market supervision department and, if necessary, initiate a lawsuit to seek compensation.

Q2: What preparations should be made before protecting one's rights?

First, we should fix the evidence, including notarization of web pages, notarization of purchasing infringing products, sealing the physical goods and invoices, and, if necessary, preserving the evidence of offline stores and warehouses.

Q3: How much can I demand as compensation from the other party?

The compensation shall be determined based on the actual losses, the infringer's profits, or the royalty multiples. For malicious infringement with serious circumstances, the infringed party may claim punitive damages of no less than one but no more than five times the actual losses.

Q4: Under what circumstances can a case be reported to the police?

If the acts of counterfeiting registered trademarks and selling counterfeit goods meet the standards for criminal prosecution, the business operator may collect evidence of the amount of business transactions and the subjective knowledge of the facts, and report the case to the public security organ.

Q5: Can administrative complaints and lawsuits be conducted simultaneously?

Yes. Administrative investigations and civil litigation do not conflict with each other and can proceed in parallel. The results of administrative investigations can also serve as favorable evidence in civil cases.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.