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Specific prosecution process for trademark infringement

The specific process of prosecuting trademark infringement: First, the trademark owner should collect the basic information of the defendant, relevant evidence that the person has suffered losses due to trademark infringement, and the infringer has obtained illegal income due to the infringement. Then, write a civil complaint based on the aforementioned materials. Finally, submit a complaint to the people's court with jurisdiction.

Legal Basis

Article 60 of the Trademark Law of the People's Republic of China

There are infringement registrations listed in Article 57 of this Law If a dispute arises from one of the acts of exclusive use of a trademark, 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.

If the industrial and commercial administrative department 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, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times 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 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.