Legal subjectivity:
What should I do if I am infringed? Article 53 of the Trademark Law stipulates that if a dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 52 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party shall The relevant party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and may impose a fine. If the party concerned is dissatisfied with the handling decision, he or she may file a lawsuit with the People's Court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receipt of the handling notice; if the infringer does not file a lawsuit or perform the case upon expiration of the time limit, the industrial and commercial administration department You can apply to the People's Court for compulsory execution. The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of the exclusive right to use a trademark at the request of the parties; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China and the People's Republic of China. Article 56 stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement during the period of infringement, or the losses suffered by the infringed party due to the infringement during the period of infringement, including the infringer's efforts to stop the infringement. Reasonable expenses incurred for the conduct. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. To sum up, the right holder can choose different ways to claim his rights. When calculating the amount of compensation, he can obtain it through the audit of the industrial and commercial or quality supervision department. If he still finds nothing, he can calculate the loss he has suffered. Legal objectivity:
Article 120 of the Civil Procedure Law: A complaint shall be submitted to the People's Court and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, the complaint may be filed orally, and the people's court will record the case and notify the other party.