the administrative department for industry and commerce has the right to temporarily detain the goods suspected of infringing trademark rights. If it is verified, it can be punished according to law (fine, etc.), and the goods can be returned after the punishment is executed (but it is not allowed to continue counterfeiting trademarks). In this case, it is generally impossible to make a decision on the punishment of confiscation of goods. However, the infringed trademark holder has the right to claim compensation, and may apply to the court to seal up the goods. In this case, it is impossible to lift the seal-up and get back the goods until the court has finished the trial.

Relevant legal basis:

Article 4 of the Trademark Law

If it is found that the sealed-up or detained property has nothing to do with the illegal act or it is no longer necessary to take the sealing-up or seizure measures, the sealing-up or seizure measures shall be lifted, a notice of lifting the sealing-up or seizure shall be served, and the sealed-up or seizure property shall be returned to the parties in full, and the case handlers and the parties shall sign or seal the property list.

Article 62 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use a registered trademark of others on the basis of the suspected evidence or reports obtained:

(1) Ask the relevant parties to investigate the situation related to the infringement of the exclusive right to use a registered trademark of others;

(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;

(3) conducting on-site inspection of the places where the parties are suspected of engaging in activities infringing upon the exclusive right to use registered trademarks of others;

(4) inspecting articles related to infringement activities; Articles that are proved by evidence to infringe upon the exclusive right to use a registered trademark of others may be sealed up or detained.

when the administrative department for industry and commerce exercises the functions and powers stipulated in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.

in the process of investigating trademark infringement cases, if there is a dispute over trademark ownership or the obligee brings a trademark infringement lawsuit to the people's court at the same time, the administrative department for industry and commerce may suspend the investigation of the case. After the reasons for suspension are eliminated, the procedure for investigating and handling cases shall be resumed or terminated.

article 65 where a trademark registrant or interested party has evidence to prove that another person is committing or will commit an act that infringes on his exclusive right to use a registered trademark, and his legitimate rights and interests will be irretrievably damaged if he fails to stop it in time, he may apply to the people's court for measures to order him to stop the relevant act and preserve his property before bringing a lawsuit according to law.