Legal analysis: First of all, the level jurisdiction of trademark cases is different from general civil cases. According to the Interpretation of the Supreme People's Court on Jurisdiction and Scope of Application of Law in the Trial of Trademark Cases, the first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level. 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. Territorial jurisdiction is determined according to the following principles: 1. Cases of infringement of the exclusive right to use a trademark: An infringement lawsuit filed in accordance with the provisions of the Civil Procedure Law shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. Therefore, cases of infringement of the exclusive right to use a trademark are generally under the jurisdiction of the intermediate people's court where the infringement occurred or the defendant's domicile or the grass-roots court with jurisdiction over trademark cases. The determination of the place of infringement can be based on the provisions of Article 6 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes. A civil action brought for infringement of the exclusive right to use a registered 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, the place where the goods were seized and detained or the place where the defendant was domiciled. Among them, the place where infringing goods are stored is the place where a large number of infringing goods are stored or hidden in a specified period; The place of seizure refers to the place where the customs, industry and commerce and other administrative organs seal up and detain infringing goods according to law. If several defendants bring lawsuits in different places where the infringement is committed, the plaintiff may choose one of the people's courts where the defendant commits the infringement to have jurisdiction; The people's court in the place where the defendant committed the infringement only has jurisdiction over the lawsuit brought against one of the defendants. 2. Trademark contract dispute cases: According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), a lawsuit brought due to a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction. Where the agreed place of performance is inconsistent with the actual place of performance, the actual place of performance shall prevail. Therefore, the intermediate people's courts in the above places or the grassroots people's courts with jurisdiction over trademark cases have jurisdiction. In trademark cases where contractual liability and tort liability coexist, the court of jurisdiction shall be determined according to the cause of action chosen by the parties. 3. Trademark ownership dispute cases: under the jurisdiction of the intermediate people's court of the defendant's domicile or the grassroots people's court of trademark cases with jurisdiction in the defendant's domicile. 4. Cases of stopping infringement and preserving before litigation: An application for ordering to stop infringement of the exclusive right to use a registered trademark or preserving evidence before litigation shall be submitted to the people's court with jurisdiction in the place where the infringement occurred or where the respondent has his domicile.
Legal basis: Article 23 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.
The Supreme People's Court's Interpretation of Issues Concerning Jurisdiction and Scope of Application of Law in the Trial of Trademark Cases Article 2 For the cases of first instance listed in Article 1 of this Interpretation, the Beijing Higher People's Court shall, on the authorization of the Supreme People's Court, determine the jurisdiction of the relevant intermediate people's courts within its jurisdiction.
The relevant provisions of the Administrative Procedure Law shall apply to the cases of first instance listed in Item 2 of Article 1 of this Interpretation.
The people's courts at or above the intermediate level have jurisdiction over trademark civil dispute cases 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.