According to the provisions of Article 39 of China's Trademark Law, if the exclusive right to use a registered trademark is infringed, the infringed party may request the administrative department for industry and commerce at or above the county level to handle it, or directly file a lawsuit with the people's court. It can be seen that there are administrative channels for the administrative department for industry and commerce to solve trademark infringement disputes, and there are also judicial channels for bringing a lawsuit to the people's court.

1, management solution

(1) The administrative jurisdiction of trademark infringement cases can be either the administrative department for industry and commerce where the infringer is located or the administrative department for industry and commerce where the infringement is committed.

(2) After accepting a trademark infringement case, the administrative department for industry and commerce at or above the county level shall, on the premise of ascertaining the facts, stop the infringement through investigation and evidence collection, and give administrative punishment according to the illegal facts and the seriousness of the infringer.

(3) Where the administrative department of commerce considers that the exclusive right to use a registered trademark has been infringed, it may exercise the following functions and powers when investigating and collecting evidence: ask the relevant parties; Check the articles related to infringement activities and order them to be sealed up when necessary; To investigate acts related to infringement activities; Consult and copy contracts, account books and other business materials related to infringement activities.

Choosing the administrative department for industry and commerce to handle trademark infringement cases has its unique advantages: the personnel who accept the case are familiar with the business, the procedures are simple, the case is closed quickly, and it saves time and effort. However, its obvious deficiency is that the administrative decision has no final effect, and if the parties are dissatisfied with the handling by the administrative department for industry and commerce, they can still bring a lawsuit to the people's court.

2. Litigation solution

(1) jurisdiction. Trademark infringement cases may be under the jurisdiction of the people's court in the place where the infringement is committed or where the infringer is located. In this regard, the infringer can choose the place where the infringement occurred or the people's court where the infringer is located to prosecute. At the same time, due to the complexity of trademark infringement cases, at present, the higher people's court designates the intermediate people's court as the jurisdiction.

(2) People's courts generally deal with trademark infringement cases by means of civil sanctions. Based on the right of prohibition, loss compensation, improper benefit return and reputation restoration exercised by the infringed.

(3) Civil procedure is applicable to the litigation settlement of subject matter infringement cases.

Second, what are the conditions for bringing a trademark infringement lawsuit?

China's Trademark Law stipulates that a trademark registrant or interested party may bring a lawsuit to the people's court on the following infringement cases:

1. Use the same or similar trademarks on the same commodity or similar commodities without the permission of the obligee;

2. Selling goods that infringe the exclusive right to use a registered trademark of the obligee;

3. Forge or make the registered trademark of the obligee without authorization or sell the forged or made registered trademark of the obligee without authorization;

4, without the consent of the obligee, change its registered trademark and put the goods with the changed trademark on the market;

5. Causing other losses to the exclusive right holder of a registered trademark.

All of the above are about how to solve trademark infringement disputes and what are the conditions for bringing a trademark infringement lawsuit. I hope it helps you. No matter which way is used to solve the trademark infringement dispute, it is difficult for the trademark owner to recover his own losses, because it is difficult for the trademark owner to calculate the definite infringement losses according to the law. At this time, you can seek the help of professional intellectual property lawyers.