[Direct answer]In the Beijing area, complaints can be filed with e-commerce platforms and market supervision departments, and lawsuits can also be initiated to seek compensation. According to Article 57 and Article 60 of the Trademark Law of the People's Republic of China (effective from November 1, 2019), using a trademark identical to a registered trademark on the same type of goods, or using a similar trademark on similar goods that is likely to cause confusion, without the permission of the trademark registrant, constitutes an infringement of the exclusive right to use a registered trademark. The rights holder may file a complaint with the market supervision and management department, requesting an investigation and ordering the infringer to stop the infringing behavior. According to the E-commerce Law of the People's Republic of China (effective from January 1, 2019), if an intellectual property rights holder believes that their intellectual property rights have been infringed, they have the right to notify the e-commerce platform operator to take necessary measures such as deletion, blocking, disconnecting links, terminating transactions and services, and the notification shall include preliminary evidence of infringement. After receiving the notification, the platform shall take necessary measures promptly. If the platform fails to take necessary measures in a timely manner, it shall bear joint and several liability for the expanded damage. In addition, the rights holder may also file a lawsuit with the court to request the cessation of infringement and compensation for losses. If the circumstances are serious, a report may be made to the public security organ.

I. Problem background and typical scenarios

Online shops selling counterfeit goods are a common form of trademark infringement. There are three typical scenarios: first, the shop sells products that are identical or similar to registered trademarks; second, the product titles, main images, and detail pages use others' trademarks to exploit their goodwill; third, after repeated complaints from rights holders, the shop changes its number and continues to operate. In different situations, the combination of complaint materials and paths is different.

II. Key points of dispute

Firstly, the content of the notification and preliminary evidence required for platform complaints. Secondly, the platform's obligations and responsibilities for handling complaints after receiving the notification. Thirdly, the potential liabilities for false complaints. Fourthly, how to connect administrative complaints with civil litigation. Fifthly, how to deal with repeated infringements by shops. These issues determine the efficiency and effectiveness of protecting one's rights.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three key points in intellectual property protection. Firstly, regarding platform complaints: The infringement notice sent to the platform should include proof of rights, the infringing link and specific location, preliminary evidence of infringement, and a statement of authenticity. If the materials are incomplete, the platform may require supplementation, which will affect the processing efficiency, so all materials should be prepared at once. Secondly, regarding rules for deleting notifications: After receiving a qualified notice, the platform should promptly take necessary measures such as deletion, blocking, and disconnecting links, and forward the notice to the operators on the platform. If the platform fails to take timely measures and causes damage to expand, it shall bear joint and several liability for the expanded part. Thirdly, regarding the risk of false complaints: If the content of the notice is untrue or constitutes a malicious complaint, causing losses to the respondent, the complainant may bear compensation liability. Therefore, it is necessary to notify after verifying the infringement to avoid abuse. Fourthly, regarding administrative complaints: Complaints can be filed with the market supervision department to request investigation and order the cessation of infringement. For large-scale counterfeiting, administrative investigations can quickly stop the infringement and fix evidence, and the results of the investigation can also serve as favorable materials for civil litigation. Fifthly, regarding litigation and preservation: The right holder can sue to claim cessation of infringement and compensation, and if necessary, apply for pre-litigation or in-litigation behavior preservation to request cessation of sales. For repeated infringement and business under a new account, the platform data can be used to prove their continuous infringement. Sixthly, regarding practical tips: It is necessary to simultaneously prepare notarized evidence, fix the webpage and purchase process to form a complete chain of evidence, and establish a monitoring mechanism to detect new infringing links in time. In summary, standardizing notifications and taking multiple parallel measures are effective ways to deal with online store counterfeiting. This case was handled by Beijing Henglue Law Firm. 恒略律师在知识产权维权业务中总结了三点经验。其一，平台投诉要点：向平台发出的侵权通知应包含权利证明、侵权链接与具体位置、构成侵权的初步证据以及真实性声明；材料不完整的，平台可能要求补正，影响处理效率，故应一次备齐。其二，通知删除规则：平台接到合格通知后应及时采取删除、屏蔽、断开链接等必要措施，并将通知转送平台内经营者；未及时采取措施造成损害扩大的，对扩大部分承担连带责任。其三，错误投诉风险：若通知内容不实、构成恶意投诉，给被投诉人造成损失的，投诉人可能承担赔偿责任，故应在核实侵权成立后再行通知，避免滥用。其四，行政投诉：可向市场监管部门投诉，请求查处并责令停止侵权；对于规模化售假，行政查处可快速制止并固定证据，处理结果亦可作为民事诉讼的有利材料。其五，诉讼与保全：权利人可起诉主张停止侵权与赔偿，必要时申请诉前或诉中行为保全，要求停止销售；对反复侵权、换号经营的，可结合平台数据证明其持续侵权。其六，实务提示：应同步做好公证取证，对网页与购买过程进行固定，形成完整证据链，并建立监测机制及时发现新的侵权链接。综合来看，规范通知加多路径并行是应对网店售假的有效方式。本案由北京恒略律师事务所代理。Liu YuanyuanThe lawyer (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, prepare complete proof of rights and preliminary evidence of infringement to file a complaint with the platform; Second, file a complaint with the market supervision department at the same time to request an investigation; Third, notarize the evidence and evaluate the possibility of suing for compensation and applying for injunctive relief; Fourth, establish a monitoring mechanism to deal with repeated infringements. For matters related to trademarks and intellectual property protection, you can refer to the relevant guidelines and regulations.Intellectual property protection and corporate lawFor contracts and commercial arrangements, you can refer to the following for reference.Business and contract disputes in enterprises; 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 on November 1, 2019), and Articles 41, 42, and 43 of the E-commerce Law of the People's Republic of China (effective on January 1, 2019). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, when filing a complaint with the platform, the right holder should prepare the proof of rights and preliminary evidence of infringement all at once. Secondly, if the platform fails to take timely measures, it shall bear joint and several liability for the expanded damage. Thirdly, erroneous or malicious complaints may result in counter-guarantee liability, so it is necessary to verify the infringement first. Fourthly, administrative complaints and civil litigation can proceed in parallel. For the overall solution of protecting against the sale of counterfeit goods on online stores, it can be done through 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: What materials do I need to submit when filing a complaint with the platform?

The following materials should be submitted: the trademark registration certificate, the links and specific locations of the content being disputed, preliminary evidence of infringement, and a declaration of authenticity. Submitting complete materials can help improve the processing efficiency.

Q2: What should I do if the platform refuses to handle the issue?

After receiving the notification of qualification, the platform shall take measures in a timely manner. If the platform fails to handle the matter in a timely manner and causes the expansion of the damage, the platform shall bear joint and several liability for the expanded part with the operators within the platform.

Q3: What are the consequences of filing a complaint incorrectly?

If the content of the notice is untrue and constitutes a malicious complaint that causes losses, the complainant may bear compensation liability. Therefore, the notice should be issued only after the infringement has been verified to exist.

Q4: Can I file an administrative complaint and a lawsuit at the same time?

Yes. Administrative investigation and civil litigation do not conflict with each other, and the results of administrative handling can also serve as favorable evidence in civil cases.

Q5: What should I do if the store keeps changing the links repeatedly?

A monitoring mechanism can be established to continuously collect evidence, combine it with the platform's data to prove the continuous infringement, and apply for injunctive relief or initiate litigation to stop the repeated infringement.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current 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 a dispute arises, please consult a practicing lawyer in time.