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How to deal with trademark infringement

Legal analysis: First, if there is any infringement of the exclusive right to use a trademark listed in the Trademark Law, and any dispute arises, it shall be resolved through negotiation between the parties. Second, for trademark infringement disputes, if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party can file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle it. Third, if a lawsuit is filed with the People's Court, the result will be handled by the industrial and commercial administration department in accordance with legal procedures. If the infringement is determined to be established during the handling, the infringement will be ordered to immediately stop the infringement, and the infringing goods and those specifically used to manufacture the infringing goods will be confiscated and destroyed. , Tools for counterfeiting registered trademarks and logos, and may be fined. Fourth, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he or she may sue the people's court in accordance with the Administrative Litigation Law. If the right holder fails to sue upon expiration of the time limit and fails to perform, the industrial and commercial administrative department may apply to the people's court for compulsory enforcement. Fifth, the industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law.

Legal basis: "Trademark Law of the People's Republic of China"

Article 45 A registered trademark violates paragraph 2 and article 13 of this law. As stipulated in Paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, within five years from the date of trademark registration, the prior right holder or interested party shall The relevant party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party. When the Trademark Review and Adjudication Board is reviewing a request for invalidation in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or is being handled by the administrative agency, the review may be suspended. . After the reasons for the suspension are eliminated, the review process should be resumed.

Article 47 A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have been valid from the beginning. Doesn't exist. Decisions or rulings declaring a registered trademark invalid, judgments, rulings, and mediation documents on trademark infringement cases made and executed by the People's Court before the invalidation, and decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, as well as The executed trademark transfer or licensing contract does not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant. If the trademark infringement compensation, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.