Legal subjectivity:

Being informed that trademark infringement requires you to collect all evidence to prove that you have not infringed the trademark before you can better respond to the lawsuit. In the first-instance case of trademark civil dispute, by The people's courts above the intermediate level have jurisdiction. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases. Civil lawsuits filed due to infringement of the exclusive right of a registered trademark or infringement of the special protection rights of a well-known trademark shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the defendant is domiciled. According to Article 39 of my country's Trademark Law, if the exclusive right to use a registered trademark is infringed, the infringed party may request handling from the industrial and commercial administration department at or above the county level, or may directly file a lawsuit with the People's Court. It can be seen that to resolve trademark infringement disputes, there are administrative channels to be handled by the industrial and commercial administration departments, and judicial channels to file lawsuits in the People's Court. 1. Administrative solution (1) The administrative jurisdiction of trademark infringement cases can be either the industrial and commercial administrative department where the infringer is located, or the industrial and commercial administrative department where the infringement occurred. (2) After receiving trademark infringement cases, the industrial and commercial administration departments at or above the county level will stop the infringement through investigation and evidence collection and on the premise of determining the facts, and impose administrative penalties based on the infringer’s illegal facts and the severity of the circumstances. Specific punishment measures include: 1) Order to stop sales immediately; 2) Invite and destroy the infringing trademark logo; 3) Eliminate the infringing trademark on the current trademark; 4) Invite molds, printing plates or other crimes directly used for trademark infringement Tools; 5) Order and supervise the destruction of items; 6) Depending on the circumstances, a fine of less than 50% of the illegal business volume or less than five times of the profits obtained from the infringement may be imposed, and the infringer may be ordered to compensate the infringed party for the losses. (3) If the commercial administrative agency believes that the exclusive right to use a registered trademark has been infringed, it may exercise the following powers when investigating and collecting evidence: 1) Question the relevant parties; 2) Inspect items related to the infringing activities, and if necessary, order them to be sealed; 3) Investigate behaviors related to infringing activities; 4. Review and copy contracts, account books and other business materials related to infringing activities. Choosing the industrial and commercial administrative department to handle trademark infringement cases has its own unique advantages: the personnel handling the case are familiar with the business, the handling procedures are simple, and the case is concluded quickly, thus saving time and effort. However, its obvious shortcoming is that the administrative decision has no final effect. If the parties are dissatisfied with the handling of the industrial and commercial administrative organs, they can still file a lawsuit in the People's Court. 2. Litigation resolution methods (1) Jurisdiction. Trademark infringement cases may be under the jurisdiction of the People's Court of the place where the infringement occurred or where the infringer is located. In this regard, the infringed party can freely choose the place where the infringement occurred or the people's court where the infringer is located to file a lawsuit. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction. (2) The People's Court generally handles trademark infringement cases in the form of civil sanctions. Based on the infringed party's right to claim for prohibition, claim for loss compensation, claim for return of undue benefits, and claim for restoration of reputation, the people's court may adopt the following methods individually or in combination: 1) Order the infringer to immediately stop the infringement. You can destroy items that constitute infringement, dismantle equipment used in infringement, and invite tools, templates, etc. that are directly used for infringement; 2) Eliminate the impact and restore the credibility of the infringed party, such as ordering the infringed party to publish in newspapers and magazines Publish an apology statement, etc., to restore the business reputation of the infringed party; 3) Compensate the losses of the infringed party. The amount of compensation is calculated based on the profits gained by the infringer from the infringement during the infringement period or the infringed party's losses due to the infringement during the infringement period. Losses suffered due to infringement. In addition, the infringer shall also compensate the infringer for the expenses incurred by the infringed party in investigating, collecting evidence, and hiring a litigation or non-litigation agent; 4) In addition to the above main methods, the people's court may also adopt admonitions, orders to repent, Measures such as confiscation of illegal gains, fines or detention. (3) Civil litigation procedures are applicable to litigation settlement of trademark infringement cases. Prosecution.

The person whose trademark has been infringed must file a lawsuit with the People's Court in accordance with the law before launching a lawsuit. When suing a trademark infringement party, you must pay attention to: Submit a lawsuit to the people's court, and submit copies according to the number of defendants; the lawsuit must have a clear defendant, that is, the trademark infringer, and have specific prosecution requests, such as requesting to stop the infringement and requesting a certain amount of money The compensation must be based on facts and reasons, that is, the relevant certification documents of the registered trademark and evidence materials proving the infringement of the infringement should be attached when filing a lawsuit; the lawsuit must fall within the scope of the People's Court and be managed by the People's Court receiving the lawsuit, and must be within the scope permitted by law. Choose the court that is most beneficial to you and file a lawsuit; the lawsuit must be filed within the statute of limitations stipulated by law, that is, the lawsuit must be filed within 2 years from the date the trademark owner knows or should know that the exclusive right of the trademark has been infringed by others. In addition, trademark infringement cases are relatively complex, and the parties may entrust 1 to 2 agents to participate in the litigation. Choosing someone from a trademark agency or a lawyer who is proficient in trademark law as a litigation agent is very important to effectively safeguard the legitimate rights and interests of the parties. Trial. The People's Court shall file and accept a lawsuit that meets the legal requirements after review. When hearing a trademark infringement case, it must follow legal procedures. Through the trial of trademark infringement cases, the People's Court ascertains the facts of the case, distinguishes right from wrong, and clarifies responsibilities. On this basis, it makes a judgment on the focus of the dispute between the two parties, namely whether it constitutes infringement, whether compensation should be paid, and the amount of compensation. Legal objectivity:

Article 60 of the "Trademark Law" stipulates that any dispute arising from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law shall be resolved by negotiation between the parties; Unwilling If negotiation or negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks; if the illegal business turnover exceeds 50,000 yuan, it may be punished A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.