How to get AliExpress trademark authorization? AliExpress trademark infringement solutions

For many domestic electrical appliance manufacturers who have opened stores on the ** platform, there is no need to consider trademark recognition. However, if you want to become a global shopping platform, a trademark authorization is required to register a store. This is the same as the Tmall platform.

So, if you want to open a store on an express delivery platform, what should you do with a trademark license?

When the Tmall store opened, it was divided into three types: ***, specialty store and specialty store. If you open *** on the Tmall platform, the main body of the store must have its own brand or exclusive trademark authorization. For the other two types of stores, as long as you have a common trademark license, you can do it.

At the time of the opening of the courier store, the same rule is the same. If you want to open a *** amount on the AliExpress platform, the subject of the registered AliExpress store must be the brand owner, or have an exclusive license to sell the trademark of the goods. That is to say, the brand, the licensed store, is the only person on the AliExpress platform.

If it is a specialty store or specialty store, the method of obtaining a trademark authorization letter is relatively simple. Must be a first-class ** store. That is to say, only if you have a brand, or a main body with a brand, can you directly recognize it.

Specialty stores and specialty stores not only do not require an exclusive license, but can also issue a trademark license through the second level. There is no need for a manufacturer, just a letter of authorization from the supplier.

According to such rules, it is relatively simple to obtain a trademark license if it is not AliExpress***. If you have opened a physical store before opening an AliExpress store, and the products you previously operated have been licensed by the brand**, you can apply to open a store directly on the platform. There is no need to re-open the trademark license letter to the brand owner separately.

The main body of the registered express store can be consistent with the trademark license.

Don't have a trademark?

We're going to cover it in relative detail. If you don't have a trademark, you can also set up shop with a courier company, but you must have a trademark ** power of attorney. In this way, the AliExpress platform has high requirements for the industry. However, this is the first world-oriented shopping platform in my country.

Only when the platform strictly reviews the information of the industry can it screen out the bad actors. In this way, as a consumer on the platform, you can sell faster and buy real goods. So far, AliExpress has a very good reputation among the world's consumer groups, which is also very beneficial to the operators of the AliExpress platform.

AliExpress trademark authorization needs to find the relevant product production company, let them issue a certificate of authorization and then upload it. Trademark licensing, also known as trademark licensing, refers to the trademark registrant authorizing others to use its registered trademark by signing a trademark authorization contract. The licensee shall engage in business activities in accordance with the provisions of the contract and pay the corresponding fees to the licensor.

Article 60 of the Trademark Law of the People's Republic of China contains one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and if a dispute arises, the parties shall resolve it through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter. When the administrative department for industry and commerce handles the case, if it finds that the infringement is established, it shall order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used to manufacture the infringing goods of Xinshi and forge the logo of registered trademarks, and if the illegal business turnover is more than 50,000 yuan, it may impose a fine of not more than five times the illegal business turnover, and if there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed.

If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by the person and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped. In the case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 57 of the Trademark Law of the People's Republic of China shall constitute an infringement of the exclusive right to use a registered trademark if any of the following acts are committed: (1) Without the permission of the trademark registrant, a trademark identical to the registered trademark is used on the same kind of goods; (2) Without the permission of the trademark registrant, using a trademark similar to the registered trademark of Fanru on the same kind of goods, or using a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion; (3) Selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or manufacturing the logos of others' registered trademarks without authorization, or selling counterfeit or unauthorized trademarks; (5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; (6) deliberately facilitating the infringement of others' exclusive right to use a trademark, and helping others to infringe on the exclusive right to use a trademark; (7) Causing other damage to the exclusive right to use a registered trademark of another person.

There are more sellers operating stores on AliExpress, sellers need to abide by the rules of the platform, and in the process of operating the store, the platform will conduct random sampling of products.

1. Remove infringing products from the shelves in a timely manner, if you find that the products on the shelves have someone else's trademark, you should remove them from the shelves in time, instead of waiting until you have been sued to remove the infringing products. It is not recommended to create a new listing after the transfer of the position.

Because since the right holder has decided to hold the search and raise the banner of laws and regulations to complain about the infringing seller, many times it will not give up and report it once it sees it. It is very likely that you have just been removed from the shelves and have not yet issued an order, and the number of complaints has increased, and the store is in danger and will be closed in the near future.

If the inventory is huge and you want to continue to sell, you can contact the plaintiff's law firm, it is not recommended to send an email directly to the plaintiff's law firm, the seller will send the message by himself, the plaintiff's law firm will generally not reply, this method has little effect, and the unprofessional handling may pay a lot of compensation and sales shares. Try to get a U.S. attorney who knows TRO well to determine the scope of the temporary injunction, and be sure to hire a lawyer to respond immediately within the defense period to ensure that you don't miss the defense period.

2. When there is non-infringement or dispute, or there is also corresponding intellectual property rights, and then there is no response after contacting the complainant several times, it is recommended to provide the platform official with analysis evidence of non-infringement of the product by email. If the complaint is not true, such as if the reported ASIN never appeared in your store, you can try writing an email explaining all this and asking for the store to be restored to normal status.

Or if the product is complained of design patent infringement, but you think that the difference is very large, you can also write an email to refute it, listing one point, two points and three differences. In short, the complaint should be reasonable and responsible, and do not show an angry and irritated posture.

3. Eliminate other infringement risks. A warning is not irretrievable, but it should be taken seriously. It has been said that every time a major accident occurs, 100 signs of what is going to happen can be found beforehand.

If an ASIN has been warned of infringement, it is very likely that there are other products in the store that are at risk of infringement, but they have not yet received a complaint from the rights holder. Checking carefully and at a time can largely avoid the risk of closure caused by another infringement warning.

The answer has been found for you: Hello, AliExpress authorized channel refers to obtaining AliExpress authorization through formal channels in order to sell goods on the AliExpress platform. Here are a few common AliExpress authorized channels:

2.Third-party authorized service providers: Some third-party service providers are also able to provide AliExpress authorized services, and it should be noted that it is necessary to choose a formal and credible third-party service provider.

3.Self-application authorization: Sellers can also apply for AliExpress authorization independently, and they need to meet the requirements and standards of the AliExpress platform, including store level, credit score, brand authorization, etc.

Legal analysis: On the AliExpress platform, trademarks containing English or pinyin are recognized. But the kind of trademark that only has graphics or only words is not recognized by the AliExpress platform.

If the merchant must use a pure graphic or pure Chinese trademark, it is recommended to add Chinese pinyin or English to the merchant before registration. The platform stipulates that if the AliExpress trademark to be registered is a combination of Chinese + English or numbers, then when the merchant fills in the review information for the trademark, the Chinese name in the brand name column should be filled in the corresponding Chinese name, and the English name should be filled in the corresponding English name The trademark is a combination of Chinese + pinyin, because the system does not support filling in Chinese name and pinyin at the same time, so it is recommended that when filling in the brand name, only fill in the corresponding pinyin in the English name column. AliExpress, some categories do not need trademarks, but most of them need trademarks, and trademarks are not only required domestic, but also need the trademarks of the corresponding product sales place.

After some trademarks, the product will be high, and you can eliminate some risks, if you have not registered a trademark before, the store will be bigger, there is a great chance that the trademark will be preemptively registered. Or if you didn't search in the early stage, or find a ** agency pants hall royal evaluation, it is possible that the AliExpress brand you made has been registered as a trademark. As a result, you will face infringement and need to change the brand.

Legal basis: Law of the People's Republic of China on Trademarks

Article 6 Goods that must be registered as required by laws and administrative regulations must be registered as trademarks, and shall not be sold in the market without approval for registration.

Article 7 The application for registration and use of a trademark shall follow the principle of good faith. The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop acts that deceive consumers.

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above-mentioned elements, may be applied for registration as a trademark.

1. First of all, conduct a trademark search, if there is no identical or similar trademark in the search result, you can make an application document and submit the application;

2. About 3 months after the application is submitted, the Trademark Office will issue a notice of acceptance of the application (this period is called the formal examination stage);

3. After the formal examination is completed, it will enter the substantive examination stage, which will take about 9 months;

4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period);

5. If no one raises an objection after the expiration of the announcement period, you can get the trademark registration certificate.

1. Trademark registration process.

1. Check whether the trademark name and graphics are the same or similar in the category (according to the trademark examination standards and professional experience, it is recommended to entrust a professional to inquire).

2. Prepare the application documents for the oak information.

3. Submit the materials, and the Trademark Office will issue a notice of acceptance within 2 to 3 months after receiving the application materials.

4. Substantive examination stage (6 to 7 months).

5. The preliminary examination is passed, and the announcement period of 3 months has entered.

6. If no objection is raised during the approval announcement period, the trademark registration is successful.

2. Precautions for trademark registration.

1. Trademark registration is a highly professional work.

2. Trademark search is very important and is the key to the success of trademark registration.

3. The trademark registration time is relatively long, and you need to wait patiently.

4. A business license is required for trademark registration.

3. Composition of the trademark.

As a trademark, the alphabet refers to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign alphabets such as English letters, Latin letters, etc. The original Trademark Law1 classified trademarks composed of only letters as word trademarks, but the newly revised Trademark Law in 2001 regarded letters as one of the constituent elements of trademarks, which is more in line with reality and facilitates the examination and approval of trademark registration applications by the trademark authorities in accordance with the law.

The above-mentioned trademark elements may be registered as trademarks alone, or any combination of two or more of the above-mentioned elements, identical or non-identical, provided that they comply with the relevant provisions of Articles 8 and 9 of the Trademark Law1.

If the words, graphics, letters, numbers, sounds, three-dimensional signs or their combinations of colors that constitute a trademark are not explicitly specified when applying for a registered trademark, they are registered in black and white and protected in black and white. If the specified color or color combination is clearly proposed, it shall be registered according to the color or color combination specified for the loss, and shall also be protected according to the specified color or color combination.