The way to deal with trademark infringement is: the parties shall negotiate to resolve it; if they 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.

After a trademark is infringed, negotiate with the infringer first;

If you are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request The industrial and commercial administration department shall handle it.

If the industrial and commercial administration 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, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished.

If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

If the parties fail to reach an agreement after mediation by the industrial and commercial administration department or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

To defend trademark infringement, you can choose to negotiate, report to the relevant department, or file a lawsuit to defend your rights. Of course, filing a lawsuit requires meeting the conditions and preparing sufficient evidence.

1. Evidence that the trademark is used on the goods.

(1) Products marked with trademarks, product packaging, containers, labels, additional product labels, product instructions, introduction manuals, price lists, etc.

(2) Transaction documents related to commodity sales, including commodity sales contracts, invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents, etc.

(3) Advertisements published on radio, television and other media, or advertisements published in publicly distributed publications, as well as advertisements in the form of billboards, mail advertisements or other forms.

(4) Printed materials and other materials using the trademark provided at exhibitions and expos.

(5) Other evidence of trademark use that complies with legal requirements.

2. Evidence that the trademark is used in services.

(1) The trademark is used in service introduction brochures, service venue signs, store decorations, staff clothing, posters, menus, price lists, lottery tickets, office stationery, letterheads and other items related to designated services. supplies.

(2) The trademark is used in documents related to the service, such as invoices, remittance documents, service provision agreements, repair and maintenance certificates, etc.

(3) Advertisements published on radio, television and other media, or advertisements published in publicly distributed publications, as well as advertisements in the form of billboards, mail advertisements or other forms.

(4) Printed materials and other materials using the trademark provided at exhibitions and expos.

(5) Other evidence of trademark use that complies with legal requirements.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 57 Anyone who commits any of the following acts shall be considered an infringement Exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant; The registrant’s permission is to use a trademark that is similar to its registered trademark on the same kind of goods, or to use a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Sales infringement Products with exclusive rights to registered trademarks;

(4) Counterfeiting or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Counterfeiting or manufacturing registered trademarks without authorization; The trademark registrant agrees to change its registered trademark and put the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks Behavior;

(7) Causing other damage to others’ exclusive rights to registered trademarks.

Article 60 If a dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, interested parties may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

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, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.