The second paragraph of Article 62 of China's current Trademark Law empowers the administrative department for industry and commerce to decide to suspend the investigation of trademark infringement cases that meet the statutory circumstances. The wording used is "may be suspended" rather than "should (or must) be suspended". That is, when there is a trademark ownership dispute or the obligee brings a trademark infringement lawsuit to the people's court at the same time, the administrative department for industry and commerce does not have to suspend the investigation of the trademark infringement case, but should judge the possible final ruling result of the trademark ownership dispute and the trademark infringement civil lawsuit according to the personal situation, and then judge the administrative law enforcement risk of the case, and accordingly decide whether it is necessary to suspend the investigation of the trademark infringement case. Relevant discretion should also be well-founded and not arbitrary. If the reasons for the alleged infringer or other relevant parties to apply for revocation or invalidation of the trademark involved are obviously unreasonable, insufficient and untenable, the administrative department for industry and commerce does not need to suspend the investigation and handling of trademark infringement cases; If there are sufficient reasons to apply for revocation or invalidation of the trademark involved, or the ownership of the trademark involved is more likely to be awarded to the accused infringer or his interested party, the administrative department for industry and commerce shall suspend the investigation and handling of trademark infringement cases, avoid irreparable or unnecessary damage to the accused infringer, and try to prevent administrative law enforcement risks. If the request for invalidation of the trademark involved is not accepted by the Trademark Review and Adjudication Board, the relevant administrative department for industry and commerce decides to suspend the investigation of trademark infringement cases, which is suspected of constituting arbitrary discretion or even abuse of power.
2. If there is any objection to the decision of the administrative department for industry and commerce to suspend the investigation of trademark infringement cases, how should the trademark owner or other interested parties respond to the lawsuit?
First of all, we should actively communicate with the administrative department for industry and commerce, try our best to provide sufficient evidence and explain the reasons, strive for the approval and support of the administrative department for industry and commerce, and strive to eliminate the concerns of the administrative department for industry and commerce about its law enforcement risks. When necessary, the trademark owner or other interested parties may consider providing a guarantee to the administrative department for industry and commerce. If they lose the arbitration in the trademark ownership dispute involved, which leads to the administrative department for industry and commerce's law enforcement mistakes, they promise to bear the administrative compensation liability that the administrative department for industry and commerce may be requested.
Secondly, if, after communication, the administrative department for industry and commerce still suspends the investigation of trademark infringement cases on the grounds that the ownership of the trademark involved is disputed, and there are sufficient reasons to reserve the exclusive right to use the registered trademark involved, it is suggested that the trademark owner or other interested parties file a civil lawsuit for trademark infringement in time according to law, safeguard their legitimate rights and interests with the help of civil trial in time, and urge the administrative department for industry and commerce to restart the administrative law enforcement procedures and investigate and deal with the infringement in time.
In addition, if, after communication, the administrative department for industry and commerce still suspends the investigation of trademark infringement cases on the grounds that the ownership of the trademark involved is disputed, and the reasons for others to apply for invalidation are obviously unreasonable, obviously insufficient or obviously untenable, the trademark owner or other interested parties may also consider applying for administrative reconsideration or bringing an administrative lawsuit against the decision of the administrative department for industry and commerce to suspend the investigation.
In practice, if the trademark involved is revoked or declared invalid, the people's court does not naturally suspend the litigation of trademark infringement civil cases. In 2006, the Beijing Higher People's Court's Answers to Several Questions on the Trial of Trademark Civil Disputes (J.G.F.A. [2006] No.68) pointed out: "In a trademark infringement case, if the defendant requests the State Trademark Administration to cancel the registered trademark claimed by the plaintiff, the lawsuit will generally not be suspended. However, if the defendant requests the cancellation of the registered trademark in accordance with Article 41 of the Trademark Law and has sufficient evidence or reasons to deny the validity of the registered trademark, the lawsuit may be suspended. "