in case of trademark infringement, it can be based on Article 53 of the Trademark Law of the People's Republic of China: if there is any infringement of the exclusive right to use a registered trademark listed in Article 52 of this Law, and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a suit in a people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer neither brings a suit nor performs it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties concerned, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

The specific steps to crack down on infringement and safeguard legitimate trademark rights and interests are roughly as follows:

First, careful investigation and comprehensive collection of evidence materials are important prerequisites and guarantees for cracking down on infringement and achieving success. Accurate information of the following elements should be obtained in the investigation: the infringer, the specific form of infringement, the quantity of infringing goods, and the exact place where the infringing act (or infringing goods) occurred. The evidence to be collected includes:

1. Proof of prior rights of the infringed party (including trademark registration certificate, etc.)

2. Samples of the infringed party's products

3. Samples of the infringing products

4. Proof of purchasing the infringing products (such as invoices, etc.)

Second, objectively analyze the investigation information and evidence materials, and choose feasible rights protection in combination with the subjective inclination of the obligee. In view of the clear nature of infringement, the infringing goods are easy to hide and transfer, and the lawsuit against the infringer is of little value, the administrative investigation procedure can be applied. The main advantages of this method are that the investigation is strong, the investigation action is fast, the counterfeiters and sellers are attacked quickly, and the spread of infringement can be effectively stopped. For cases where the infringer is strong, the infringement and the sales of infringing goods are easy to prove, and claims can be considered, litigation procedures can be applied. The advantage of using litigation procedure is that the investigation power is great, and the complainant can file a claim against the infringer according to the relevant laws and regulations. However, the proceedings are relatively complicated and take a long time.

Third, make complaints and indictments and submit them to the corresponding authorities, requesting to crack down on the infringement. This is the most important step in cracking down on infringement.

as for the compensation for trademark infringement, article 56 of the trademark law stipulates: "the amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits gained by the infringer during the infringement period, or the losses suffered by the infringee during the infringement period, including the reasonable expenses paid by the infringee to stop the infringement. If the infringer gains benefits from infringement as mentioned in the preceding paragraph, or it is difficult to determine the losses suffered by the infringed, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement.