[Direct answer]In the Beijing area, three lines are proceeding simultaneously — the administrative line: filing complaints with the market supervision department for investigation and punishment, which is fast, low-cost, and can directly remove and seize the products; the platform line: submitting infringement complaints to e-commerce platforms and notifying them to remove the links under the rules, which is the most efficient; the judicial line: initiating trademark infringement and unfair competition lawsuits to stop the infringement and seek compensation, and for malicious infringement, punitive damages of one to five times can be claimed (Article 63 of the Trademark Law of the People's Republic of China). The plus points for time-honored brands are evidence of their popularity: well-known trademark recognition, inclusion in the list of Chinese time-honored brands, and historical heritage materials, which directly increase the compensation base and strengthen protection.

I. Problem Background and Typical Scenarios

The century-old brand is surrounded by counterfeit stores: a store with a similar name, "Some Sign Store", is located on the street next door. The counterfeit packaging on e-commerce platforms sells over 10,000 units per month, and even overseas markets have seen trademark squatting. The commercial value of the old brand lies in its reputation and goodwill. Counterfeiting not only damages sales, but also undermines the reputation accumulated over generations. Therefore, it is necessary to take comprehensive measures to protect the brand's rights and interests.

II. Key points of dispute

First, the identification and evidence collection of infringements. Second, the cooperation among the three channels of administration, platforms, and judiciary. Third, the proof and protection upgrade of the reputation of time-honored brands. Fourth, the calculation of compensation and punitive damages.

III. Professional analysis by Henglue Lawyers

The first step is to gather evidence first: The first action in protecting rights is to obtain evidence through notarization - purchasing infringing products offline (retaining invoices and packaging), and online collecting screenshots and time stamps of the sales page, sales data, and the main body of the store; checking the infringer's industrial and commercial files (whether it is an affiliated company and whether there are historical infringement records); and simultaneously collecting evidence of parasitic promotion (such as page copywriting like "Century-old Heritage" and "Original Factory Production") to lay the groundwork for claims of unfair competition. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the certificate issued by the judicial administrative authority) acts as the agent. At the second level, the three-pronged approach ensures efficiency: - Administrative complaints: The Market Supervision Department can order the cessation of trademark infringement, confiscate and destroy infringing goods, and impose fines, which is suitable for scenarios requiring immediate damage control. - Platform complaints: Platforms can remove infringing products based on notifications issued under the *E-commerce Law of the People's Republic of China* if the notifications meet requirements (evidence of ownership, infringement comparison, and link lists). Repeated infringements will result in platform bans. - Litigation as the final solution: All requests for cessation of infringement, destruction of molds, compensation for losses, and removal of adverse effects are implemented here. These three approaches are not mutually exclusive. Administrative and platform processes fix the facts and records, which serve as evidence in litigation. At the third level, the protection of time-honored brands is upgraded: - Evidence of reputation includes the *Chinese Time-Honored Brands List*, well-known trademark identification records, historical archives (materials proving the continuity of brand use), and market reputation surveys. - Legal tools are upgraded correspondingly: - Cross-category protection of well-known trademarks; - Protection of influential enterprise names and product packaging under Article 6 of the *Anti-Unfair Competition Law* (covering unregistered brands and packaging); - Special rights confirmation for historical disputes over brand ownership (public-private joint ventures, separation agreements, cooperation agreements). - Defensive strategies include registering core and related categories, registering similar variants, and preemptively securing overseas markets. At the fourth level, compensation and punitive damages: - Under Article 63 of the *Trademark Law*, compensation is determined based on actual losses, infringement profits, or licensing fees. The statutory cap for unquantifiable damages is 5 million yuan. - For malicious infringement or severe circumstances, punitive damages of 1-3 times the base amount (or higher in exceptional cases) may be claimed. - Malicious intent is determined based on the infringer's knowledge of prior rights (e.g., lawyer's letters, effective judgments) and the scale of the infringement (multiple stores, long-term operations, full packaging copying). Our firm has practical experience in both defending and attacking trademark infringement cases: - On the rights holder side, we maximize damages by fully proving infringement circumstances; - On the defendant side, we minimize damages through legal authorizations and mitigating circumstances (e.g., minor infringements). - The same set of evidence serves as the battleground for compensation negotiations. - For mass protection actions, we consolidate lawsuits based on infringer entities to optimize cost and efficiency.

IV. Practical suggestions and legal basis

The first step is to notarize the online and offline infringement evidence and retrieve the infringer's main information; the second step is to file complaints on the platform and through administrative channels to mitigate losses; the third step is to initiate lawsuits for trademark infringement and unfair competition, and submit evidence of the brand's popularity simultaneously; the fourth step is to provide evidence of malicious infringement in advance and claim punitive damages. The main legal basis: Articles 57 and 63 of the Trademark Law of the People's Republic of China, Articles 6 and 17 of the Anti-Unfair Competition Law of the People's Republic of China, and Article 42 of the E-commerce Law of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three principles for protecting the rights of time-honored brands: Notarization and evidence collection are the foundation of all actions. First, secure the evidence of infringement and then take action; Use three channels—administrative measures, online platforms, and litigation—to minimize losses and hold perpetrators accountable; Reputation evidence is the nuclear weapon of time-honored brands. Historical archives and honorary lists should be archived on a regular basis. For trademark protection, you can refer to the following methods:Intellectual property protection and corporate lawThe service provides a comprehensive solution, which involves the combination of trademark ownership and family asset division\nInheritance of property and division of family assetsFor platform and e-commerce disputes, you can refer to the relevant sections.Business and contract disputes in enterprisesFor those interested in overseas trademark squatting and cross-border protection, you can pay attention to this column\nFinancial capital and cross-border transactions involving foreign entitiesIn this field, those who need solutions for protecting their rights can refer to the relevant information for referenceSpecial services.

VI. Frequently Asked Questions

Q1: If a knockoff store is still using a similar store name but hasn't registered a trademark, can I sue them?

Yes. In addition to trademark infringement, according to Article 6 of the Anti-Unfair Competition Law, enterprises with certain influence can claim protection for their enterprise names and product names. Evidence of the reputation of time-honored brands is crucial in this regard.

Q2: Is it necessary to send a lawyer's letter before filing a lawsuit?

From a strategic perspective, sending a letter can prompt the rapid removal of infringing content and reach a settlement, and also fix the "malicious" evidence for subsequent punitive damages; however, sending a letter too early might tip off the opponent and make it more difficult to collect evidence in bulk.

Q3: How much can I claim in compensation?

It is difficult to calculate the statutory compensation (with a maximum cap of 5 million yuan) based on the actual losses, the infringer's profits, or the royalty multiples. For malicious and serious cases, the infringer can claim punitive damages of one to three times the actual damages.

Q4: What should I do if my trademark is preemptively registered in overseas markets?

Raise objections, invalidate, or revoke (without using revocation) in accordance with local legal jurisdictions, and simultaneously evaluate the path of well-known trademark protection; the historical materials of time-honored brands are common evidence for proving prior rights across legal jurisdictions.

Q5: The cost of protecting rights is high. Should we deal with small-scale counterfeiting?

We need to take action—allowing minor infringements to occur will create the appearance of "implied permission" and weaken our claim to reputation. For minor infringements, we can handle them through a low-cost combination of platform complaints and administrative reports, and then focus on filing lawsuits against the main targets.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.