The level jurisdiction of trademark cases is different from general civil cases. Cases of first instance 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 should be determined according to the following principles

1. Cases of infringement of the exclusive right to use a trademark: Cases of infringement of the exclusive right to use a trademark are generally under the jurisdiction of the intermediate people's court in the place where the infringement occurred or the defendant's domicile or the grass-roots court with jurisdiction over trademark cases. The place of infringement includes the place where the infringement was committed, the place where the infringing goods were stored, or the people's court where the seizure was made or where the defendant was domiciled.

2. Trademark contract dispute cases: 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.

3. Trademark ownership dispute cases: under the jurisdiction of the Intermediate People's Court of 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 ground

The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of trademark civil disputes.

Article 6 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 they were detained and the place where the defendant lived as stipulated in Articles 13 and 57 of the Trademark Law.

The storage place of infringing goods mentioned in the preceding paragraph refers to the place where a large number of infringing goods are often stored or hidden; The place of seizure refers to the place where the customs and other administrative organs seal up and detain infringing goods according to law.

Article 7 If more than one defendant brings a lawsuit in the place where the infringement is committed, the plaintiff may choose the people's court in the place where one of the defendants committed 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.