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What should I do if the trademark I applied for registration is used by someone else?

Solutions for registered trademarks being used by others: reconciliation, mediation, arbitration, prosecution, etc. According to relevant legal provisions, if an actor infringes upon the exclusive right to use a registered trademark and causes a dispute, it shall be resolved through negotiation between the parties. If negotiation is not possible, the victim may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.

Legal basis

Article 60 of the "Trademark Law of the People's Republic of China" includes one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them.