How to deal with trademark infringement caused by the expiration of exclusive store authorization?
1, administrative channel
Where the exclusive right to use a registered trademark is infringed, the infringed may complain to the administrative department for industry and commerce at or above the county level and request the administrative department for industry and commerce to investigate and deal with the infringement case. The administrative department for industry and commerce shall deal with the infringement cases that have not yet constituted a crime, and the infringement cases suspected of constituting a crime shall be transferred to the source organ to investigate the criminal responsibility of the infringer. If a party refuses to accept the handling by the administrative department for industry and commerce, he may bring a lawsuit to the people's court within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the relevant administrative department for industry and commerce shall apply to the people's court for compulsory execution.
2. Access to justice
Infringement of the exclusive right to use a registered trademark can also be brought directly to the people's court, and the people's court will safeguard the legitimate rights and interests of the owner of the exclusive right to use a trademark through trial procedures.
The specific litigation process is as follows:
1) Prosecution: Submit a complaint to a court with jurisdiction. The people's court at or above the intermediate level has jurisdiction over trademark civil disputes of first instance. The Higher People's Court may, according to the actual situation in its jurisdiction and with the approval of the Supreme People's Court, designate 1-2 grass-roots people's courts in larger cities to accept trademark civil dispute cases of first instance. A civil action brought for infringement of the exclusive right to use a registered trademark or the special protection right of a well-known trademark shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing goods were stored (4 102), the place of seizure and the place where the defendant lived.
2) Filing a case: If the court considers that it meets the conditions for filing a case, it shall notify the parties to pay the legal fees within 7 days, and file a case after paying the fees.
3) After the court accepts the complaint, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days.
4) evidence exchange.
5) Listening.
6) If the collegial panel makes a ruling or makes a ruling through the collegial panel, it shall appeal to the people's court at a higher level within 10 days from the date of service; Those who refuse to accept the judgment shall appeal to the people's court at a higher level within 15 days from the date of service.
If the trademark infringement is caused by the expiration of the authorization period of a specialty store, the parties concerned may negotiate, pay compensation or continue to authorize. If the infringement dispute cannot be properly handled, it can also be handled through administrative channels. After the complaint, it shall be handled by the relevant department. This is a relatively simple and quick method. In addition, the purpose of safeguarding rights can be achieved through prosecution, but the time and process are more complicated.