1. Negotiate on your own. If the two parties can reconcile after the infringement occurs, it will not only enable the trademark owner to realize and safeguard their rights and interests quickly and effectively, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.

2. Mediation. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court.

3. Imposing administrative penalties

After receiving trademark infringement cases, the industrial and commercial administration departments at or above the county level shall, through investigation and evidence collection and on the premise of determining the facts, stop the infringement and based on The infringer shall determine the facts of the violation and the seriousness of the circumstances, and impose administrative penalties. Specific punishment measures include:

1. Order to stop sales immediately;

2. Invite and destroy infringing trademark logos;

3. Eliminate existing trademarks Infringing trademark;

4. Invite molds, printing plates or other crime tools that are directly used for trademark infringement;

5. Order and supervise the destruction of items;

< p>6. Depending on the circumstances, a fine of not more than 50% of the illegal business revenue or not more than five times of the profits obtained from the infringement shall be imposed, and the infringer may be ordered to compensate the infringed party for the losses.

If the commercial administrative agency believes that the exclusive right to use a registered trademark has been infringed, it may exercise the following powers when investigating and collecting evidence:

1. Question the relevant parties;

2. Inspect items related to infringing activities and, if necessary, order them to be sealed;

3. Investigate behaviors related to infringing activities;

4. Review and copy items related to infringing activities Contracts, account books and other business information.

Choosing the industrial and commercial administrative department to handle trademark infringement cases has its own unique advantages: the personnel handling the case are familiar with the business, the handling procedures are simple, and the case is concluded quickly, thus saving time and effort. However, its obvious shortcoming is that the administrative decision has no final effect. If the parties are dissatisfied with the handling of the industrial and commercial administrative organs, they can still file a lawsuit in the People's Court.

4. Litigation resolution methods

Jurisdiction. Trademark infringement cases may be under the jurisdiction of the People's Court of the place where the infringement occurred or where the infringer is located. In this regard, the infringed party can freely choose the place where the infringement occurred or the people's court where the infringer is located to file a lawsuit. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction.

The People's Court generally handles trademark infringement cases in the form of civil sanctions. Based on the infringed party's right to claim for prohibition, claim for loss compensation, claim for return of undue benefits, and claim for restoration of reputation, the people's court may adopt the following methods individually or in combination:

1. Order the infringer to immediately Stop the violation. Can destroy items constituting infringement, dismantle equipment used in infringement, and invite tools, templates, etc. directly used for infringement;

2. Eliminate the impact and restore the credibility of the infringed party, such as ordering The infringed party publishes an apology statement in newspapers and magazines to restore the business reputation of the infringed party;

3. Compensate the infringed party for its losses. The amount of compensation is calculated based on the amount of compensation caused by the infringement during the infringement period. The profits obtained or the losses suffered by the infringed party due to the infringement during the period of infringement. In addition, the infringer should also compensate the infringer for the expenses incurred by the infringed party in investigating, collecting evidence, and hiring litigation or non-litigation agents;

4. In addition to the above main methods, the people's court can also Take measures such as admonishment, ordering repentance, confiscation of illegal income, fines or detention.

5. Civil litigation procedures shall apply to the litigation settlement of trademark infringement cases.

1. Prosecution

The person whose trademark has been infringed must file a lawsuit with the People's Court in accordance with the law before launching a lawsuit.

When suing a trademark infringer, you must pay attention to:

Submit a lawsuit to the People's Court, and submit copies according to the number of defendants; the lawsuit must have a clear defendant, that is, the trademark infringer, and have specific prosecution requirements, such as a request to stop Infringement, and requesting a certain amount of compensation, with facts and reasons, that is, when filing a lawsuit, relevant supporting documents of the registered trademark and evidence materials proving the infringement of the infringement should be attached;

The prosecution must be subject to the people's court The scope of the case and the management of the people's court subject to the lawsuit, and the court that is most beneficial to the party is selected to sue within the scope of the law; the lawsuit must be filed within the statute of limitations stipulated by law, that is, since the trademark owner knows or should know that the exclusive right to the trademark is being used File a lawsuit within 2 years from the date of infringement by others.

In addition, trademark infringement cases are relatively complex, and the parties can entrust 1 to 2 agents to participate in the litigation. Choosing someone from a trademark agency or a lawyer who is proficient in trademark law as your litigation agent is very important to effectively protect the legitimate rights and interests of the parties.

2. Hearing

The people's court shall file a case and accept a lawsuit that meets the legal requirements upon review. When hearing a trademark infringement case, it must be conducted in accordance with legal procedures. Through the trial of trademark infringement cases, the People's Court ascertains the facts of the case, distinguishes right from wrong, and clarifies responsibilities. On this basis, it makes a judgment on the focus of the dispute between the two parties, namely whether it constitutes infringement, whether compensation should be paid, and the amount of compensation.

3. Property preservation

Property preservation is a very important issue in trademark infringement litigation. Taking preservation measures correctly in accordance with the law is of great significance to safeguarding the legitimate rights and interests of the infringed party. Therefore, property preservation is often used in trademark infringement lawsuits.

Property preservation means that in order to promptly and effectively protect the legitimate rights and interests of the relevant parties or parties, the people's court, before litigation or before making a judgment, based on the application of the relevant parties or parties, or on its own initiative, Compulsory measures taken to restrict the disposal or transfer of relevant property. Property preservation includes litigation property preservation and pre-litigation property preservation, which are applicable to different legal situations.

4. Execution

Execution is the final stage of the litigation process and is also an important way for the rights and interests of the winning parties to be realized. According to the provisions of the Trademark Law, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department to impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he deceives and fails to prosecute and perform, the relevant industrial and commercial administrative department shall apply to the People's Court for deception. Court enforced.

If the people's court finds that there is indeed an error in the decision, it will not be executed with the approval of the president and the administrative agency will be notified; if there is no error, it will be enforced and the party concerned will pay a fine. If the parties do not voluntarily pay the fine, the people's court may issue a notice, forcibly transfer the fine from the bank, or adopt enforcement measures such as seizure and auction. Compensation fees for trademark infringement can also be enforced