Trademark infringement cases are generally managed by the local industrial and commercial bureau, which means that the infringed person cannot directly report the case to the public security organ. He should complain to the industrial and commercial bureau first, and the industrial and commercial bureau will intervene in the trademark infringement case as soon as possible to investigate. If it is found that it has constituted a crime during the investigation, it will be handed over to the public security organ by the industrial and commercial bureau.

1. Who is responsible for trademark infringement according to the trademark law?

Trademark infringement cases shall be managed by the Industrial and Commercial Bureau. According to the provisions of the Trademark Law, if trademark infringement causes damage to the interests of the victims, it can be reported to the industrial and commercial and trademark administration departments. If the circumstances are serious enough to constitute a crime, you can report to the public security organ. Article 61 of the Trademark Law stipulates that the administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment. 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 registered trademarks of others:

(1) Asking the parties concerned and investigating 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;

(three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others;

(4) Examining articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained. When the administrative department for industry and commerce exercises the functions and powers prescribed 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 investigation and handling procedures of the case shall be resumed or terminated.

Second, what is the punishment standard for trademark infringement?

According to the latest administrative penalty discretion standard of Shanghai Administration for Industry and Commerce for infringement of the exclusive right to use a registered trademark, if the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 50,000 yuan, a fine of less than 5 times of the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.

Seized more than 500 infringing goods; Causing direct economic losses of more than 50,000 yuan to others; The infringed trademark is a famous trademark, geographical indication or foreign-related trademark; Infringement of the exclusive right to use three or more registered trademarks; Infringed goods are fake and shoddy, shoddy, and do not meet national standards or industry standards; Being subject to administrative punishment for trademark infringement for less than five years, and engaging in trademark infringement activities; Refusing to cooperate with the administrative department for industry and commerce to investigate and deal with the infringement, concealing, transferring or destroying the relevant evidence of infringement without authorization, a fine of more than 3 times and less than 5 times of the illegal business amount shall be imposed.

You should go to this department to complain about the trademark and trademark infringement registered in which department. This is a common sense problem. We must pay attention to collecting the exact evidence of the other party's alleged trademark infringement, because there are many trademark infringement cases, and after the intervention of the industrial and commercial bureau and even the judicial organs, there is no exact investigation result in a short time.