1. Determine whether you have trademark infringement;

2. If the infringement is confirmed, an agreement can be reached through conciliation with the parties concerned. If the conciliation fails, the defendant will appear in court.

3. Process of responding to the lawsuit:

filing a case → evidence preservation, document delivery to the defendant → property preservation → defendant's reply within 15 days (3th) → evidence exchange → court hearing → making a judgment

4. Materials that the parties should prepare in the process of responding to the lawsuit:

Evidence: sales contract or invoice (this is particularly important) for self-employed persons.

what is the general fine for trademark infringement?

The fine standard for trademark infringement is determined according to the circumstances of infringement. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademark marks. The fine standard is as follows:

(1) If the illegal business amount is more than 5, yuan, it may be fined less than five times the illegal business amount.

whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe on the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier.

if the parties are dissatisfied with the above two treatments, they may bring a suit in a people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.

what is the standard of criminal punishment for trademark infringement?

(1) Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(2) Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(3) Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

I hope the above contents can help you. If you have any questions, please consult a professional lawyer.

Legal basis:

Article 52 of the Trademark Law

If an unregistered trademark is used as a registered trademark, or if the unregistered trademark is used in violation of Article 1 of this Law

, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 5, yuan, a fine of less than 2% of the illegal business amount may be imposed, and there is no illegal business amount or the illegal business amount is less than 5%.