If a dispute arises due to infringement of the exclusive right to register 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 it. . The interested parties include the licensee of the registered trademark license contract, the legal successor of the registered trademark property rights, etc. When the exclusive right to use a registered trademark is infringed upon, the licensee of the exclusive use license contract may file a lawsuit with the People's Court; the licensee of the exclusive use license contract may file a lawsuit together with the trademark registrant, or may file a lawsuit before the trademark registrant. If you do not want to sue, you can file a lawsuit on your own; the licensee of a general use license contract can file a lawsuit if expressly authorized by the trademark registrant.
If the administrative department for industry and commerce 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 forge registered trademarks, and may impose a fine. . If the party concerned is dissatisfied with the handling decision, he may file a lawsuit with the People's Court within fifteen days from the date of receipt of the handling notice; if the infringer does not file a lawsuit or perform the infringement upon expiration of the time limit, the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement. The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties; if mediation fails, the parties may file a lawsuit in the People's Court.
For the same lawsuit filed by multiple defendants involving different places where the infringement was committed, the plaintiff can choose the jurisdiction of the People's Court of the place where the infringement was committed by one of the defendants; for lawsuits filed only against one of the defendants , the people's court in the place where the defendant's infringement was committed has jurisdiction.
When hearing cases involving disputes over infringement of the exclusive right to use a registered trademark, the people's court may decide that the infringer bears civil responsibilities such as ceasing the infringement, removing obstacles, eliminating danger, compensating for losses, and eliminating the impact. It may also impose fines and confiscate the infringing property. Decisions on civil sanctions for goods, counterfeit trademarks, and materials, tools, equipment and other property specifically used to produce infringing goods. The amount of the fine shall be less than three times the illegal business volume; if the illegal business volume cannot be calculated, the fine amount shall be less than 100,000 yuan.