an administrative lawsuit refers to a lawsuit brought by a citizen, a legal person or any other organization about whether an administrative act is legal or not because they think that their rights and interests have been damaged. The administrative litigation of trademark cases in China is based on the Administrative Procedure Law of the People's Republic of China (hereinafter referred to as the Administrative Procedure Law). (1) the jurisdiction of trademark administrative litigation cases. Article 17 of the Administrative Procedure Law stipulates: "An administrative case shall be under the jurisdiction of the people's court where the administrative organ that initially made the specific administrative act is located. After reconsideration, if the reconsideration organ changes the original specific administrative act, it may also be under the jurisdiction of the people's court where the reconsideration organ is located. " This provision shows that administrative cases are generally under the jurisdiction of the people's court where the defendant is located. At the same time, Article 25 of the Administrative Procedure Law stipulates that if two or more administrative organs make the same specific administrative act, the administrative organ that uses the specific administrative act is the defendant. In this regard, Article 2 of the Administrative Procedure Law stipulates: "In a case where two or more people's courts have jurisdiction, the plaintiff may choose one of the people's courts to file a lawsuit, and the people's court that first received the lawsuit shall have jurisdiction." (2) The scope of trademark administrative litigation cases. According to Item 8 of Article 11 of the Administrative Procedure Law, citizens, legal persons or other organizations "think that administrative organs have infringed upon their personal rights and property rights" can bring administrative proceedings. If a party refuses to accept all the punishments involving property rights, he may bring a lawsuit. As far as trademark administrative litigation cases are concerned, according to the Trademark Law and its detailed rules, if a party refuses to accept the punishment imposed by the administrative department for industry and commerce on the following seven acts, he may bring an administrative lawsuit. A, the use of trademarks of trademark goods rough manufacturing, shoddy, cheating consumers; B, the provisions of the state must use the registered trademark of the goods, not using the registered trademark in the market; C. The unregistered trademark is used as a registered trademark; D, the trademark used belongs to the provisions of Article 8 of the Trademark Law, which shall not be used as a trademark; E. Where the exclusive right to use a registered trademark is infringed, the administrative department for industry and commerce shall order it to stop the infringement and impose a fine; F. Destroying toxic, harmful and useless commodities; G, sealed or confiscated trademark logo. (3) The defendant in trademark administrative litigation. In administrative litigation, the defendant refers to the administrative organ that the plaintiff believes has infringed upon his legitimate rights and interests and is notified by the people's court to the responding bank. The defendant in a trademark administrative lawsuit is the Administration for Industry and Commerce, which imposes administrative penalties on trademark violations. The status of the defendant is determined because the people's court notified the respondent, but not because the plaintiff filed a lawsuit. Only after being notified by the people's court to respond to the lawsuit can the defendant enjoy the rights and assume the obligations in the lawsuit. The scope of the defendant in trademark administrative litigation is specific and limited to the administrative department for industry and commerce. (4) The detailed rules for the implementation of the Trademark Law stipulate the pre-reconsideration, that is, if a party refuses to accept the administrative punishment, it must first go through reconsideration. In a reconsidered case, when the reconsideration organ decides to maintain the original specific administrative act, the administrative organ that made the original specific administrative act is the defendant. If the superior administrative department for industry and commerce maintains the original punishment decision after reconsideration, it is the original punishment decision that binds the rights and obligations of the parties. According to the law, the administrative department for industry and commerce that made the original punishment decision is the defendant; If the original punishment decision is changed, it is the reconsideration decision that binds the rights and obligations of the local parties. At this time, the higher administrative department for industry and commerce that makes the reconsideration should be the defendant. When two or more administrative organs use the same specific administrative act, the administrative organ that made the specific administrative act is the defendant. Under normal circumstances, a specific administrative act is made by a single administrative organ, but it does not rule out the possibility that more than two administrative organs make it together. For a specific administrative act entrusted by an administrative organ, the entrusting administrative organ is the defendant. The industrial and commercial office is the agency of the county-level industrial and commercial administration. According to the provisions of the Trademark Law, the industrial and commercial office should not handle trademark violation cases in its own name, but it can investigate commercial cases and implement the decision of the county-level industrial and commercial administration. If the person who is punished refuses to accept the administrative lawsuit, it will send the county-level industrial and commercial administration of the industrial and commercial office as the defendant. (5) Trademark review cases are not within the scope of administrative litigation cases. A party to a case in which the trademark right is determined may not bring an administrative lawsuit, but may apply to the Trademark Review and Adjudication Board for review. According to the provisions of the Trademark Law, whether to grant the exclusive right to use a trademark and whether to revoke the exclusive right to use a registered trademark is a matter within the scope of administrative duties and belongs to the category of administrative handling. For example, if a party refuses to accept the rejection of an application for trademark registration, it may apply for a review, and the Trademark Review and Adjudication Board will make a final decision. In case of disputes over registered trademarks, the Trademark Review and Adjudication Board will also make a final ruling. The so-called final decision can be ruled, that is, the parties can no longer bring a lawsuit in a people's court, and the people's court can not make a ruling or judgment on it. As for the civil compensation, the administrative department for industry and commerce is essentially engaged in mediation. If the parties are dissatisfied, they can bring a civil lawsuit to the people's court, and the court will make a judgment on the amount of compensation and the payment method. (6) The law applicable to trademark administrative litigation cases must be accurate, and cases characterized as trademark infringement shall be handled on the basis of the Trademark Law and its implementing rules. Do not apply other administrative regulations and local regulations. (7) To prevent dealing with trademark cases beyond rights. Trademark violation cases are often linked with other illegal cases, in which the parties violate trademark laws and regulations, but also other industrial and commercial management regulations or other illegal industrial and commercial management regulations. To prevent cases from being handled beyond their authority, we should pay attention to two aspects: first, we should not handle cases that are clearly stipulated by laws and regulations to be handled by other organs; Second, laws and regulations that should be applied by other organs are not applicable. (8) Cases of compensation for trademark infringement. If a party refuses to accept the order of the industrial and commercial bureau to compensate for economic losses, it should not be taken as an administrative lawsuit. It is obviously civil to order compensation in investigating trademark infringement cases. Whether to pay compensation or not, and whether to pay more or less are all problems between infringers. The administrative department for industry and commerce is in the position of a middleman. It is necessary to tell the parties that the administrative department for industry and commerce only mediates the issue of compensation, and if it refuses to accept mediation, it may bring a civil lawsuit to the people's court. (9) In the investigation and handling of trademark infringement cases, the determination of the nature of infringement is generally carried out by the industrial and commercial bureau that undertakes the case. If it cannot be determined, it can be requested to be determined by the industrial and commercial bureau at the next higher level step by step. However, some counterfeit trademarks cannot distinguish between true and false from trademark identification. Sometimes quality problems can be used as indirect evidence to guide us to pay attention to the possible existence of counterfeit trademarks. Generally speaking, if there is no evidence to prove that a commodity is counterfeit, it cannot be considered as a counterfeit trademark. When identifying the nature, in addition to obtaining direct evidence from the registrant, sometimes if the perpetrator of counterfeit goods is found, it can also be directly identified.