Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to deal with shop name infringement
How to deal with shop name infringement
Legal analysis: According to the provisions of China's Trademark Law, if a trademark has been registered and it is found that the trademark has been infringed, you can collect evidence and complain to the administrative department for industry and commerce.

You can also file a lawsuit. First of all, you should submit an indictment and submit corresponding copies according to the number of opponents. Note that the prosecution should be brought to the court with jurisdiction, and the court with jurisdiction over the infringement lawsuit is the place where the infringement occurred or the defendant's domicile. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance.

Legal basis: Article 28 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant was domiciled.

the trademark law of the people's republic of china

Article 61 The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.

Article 62 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use registered trademarks of others:

(1) Asking the parties concerned and investigating the situation related to the infringement of the exclusive right to use a registered trademark of others;

(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;

(three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;

(4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained.

When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.