1. Ways to deal with trademark infringement:
1. Accuse or report to the administrative department for industry and commerce at or above the county level where the infringer is located or where the infringement occurs.
2. The infringed person may also directly bring a suit in a people's court, or bring a suit in a people's court if he is dissatisfied with the handling by the administrative department for industry and commerce.
the principle of acceptance is different.
3. The administrative department for industry and commerce should "actively investigate and deal with" trademark infringement, even if no one accuses or reports it, in order to protect consumers' interests, stop unfair competition and maintain normal social economic order. The people's courts implement the principle of "not suing and ignoring". The people's court shall not handle trademark infringement cases unless they are prosecuted by the infringer.
second, the way to report counterfeiting:
1. The brand can complain to the administrative department for industry and commerce. After mastering the evidence, the brand can find the industrial and commercial bureau of the district or county where it is located or the nearest industrial and commercial bureau to report the infringer, and request the industrial and commercial department to investigate and deal with it. After confirming that the other party sells fake goods, the industrial and commercial bureau will severely punish it.
2. The brand can complain through the website. For example, the e-commerce platform, taking Taobao as an example, is the intellectual property protection platform, and the other is the 12315 network platform, which is equivalent to the online form of industrial and commercial reporting and can also play a role in safeguarding rights.
3. The brand can entrust others to make complaints. Because there are many blind spots in their own rights protection, brands are increasingly inclined to use third-party platforms to protect their rights. Professional third-party platforms can carry out targeted anti-counterfeiting rights protection and help brands save various costs.
Legal basis:
The amount of compensation for infringement of the exclusive right to use a trademark in Article 63 of the Trademark Law of the People's Republic of China shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at least one time but not more than three times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.