Legal basis: Trademark Law of People's Republic of China (PRC).
Article 61 The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark according to law, and shall promptly transfer them to judicial organs for handling according to law.
Article 62 The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use registered trademarks of others:
(1) Asking the parties concerned and investigating the situation related to the infringement of the exclusive right to use a registered trademark of others; (2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties; (three) to conduct on-site inspection of the places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others; (4) to inspect articles related to infringement activities, and if there is evidence that they infringe upon the exclusive right to use a registered trademark of others, they may be sealed up or detained.
When the administrative department for industry and commerce exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
In the process of investigating trademark infringement cases, if there is a dispute over trademark ownership or the obligee brings a trademark infringement lawsuit to the people's court at the same time, the administrative department for industry and commerce may suspend the investigation of the case. After the reasons for suspension are eliminated, the investigation and handling procedures of the case shall be resumed or terminated.
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