(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 punitive measures include: (1) Ordering to stop sales immediately; (2) Inviting and destroying infringing trademark logos; (3) Eliminating infringing trademarks on existing trademarks; (4) Inviting molds and printers that are directly used for trademark infringement. Boards or other tools for committing crimes; (5) Order and supervise the destruction of items; (6) Depending on the circumstances, a fine of not more than 50% of the illegal business revenue or not more than five times of the profits obtained from the infringement shall 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 infringement activities; (4) Review and copy contracts, account books and other business materials related to infringement 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 at 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 adopts civil sanctions in handling trademark infringement cases. Based on the infringed party’s right to request for prohibition, compensation for losses, return of undue benefits, and restoration of reputation, the People’s Court may adopt the following methods individually or in combination: (1) Order the infringer to immediately cease 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. on the website to restore the business reputation of the infringed party; (3) Compensate the infringed party for losses. The amount of compensation is calculated as the profits gained by the infringer from the infringement during the infringement period or the infringed party’s profits 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 take admonitions and order repentance. , confiscation of illegal gains, fines or detention and other measures. 3. The litigation settlement of trademark infringement cases shall be subject to civil litigation procedures. (1) 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 a trademark infringer sues, 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 your litigation agent is very important to effectively protect the legitimate rights and interests of the parties. (2) Trial. The people's court shall file a case and accept a lawsuit that meets the legal requirements after review. When hearing a trademark infringement case, it must be conducted in accordance with 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. (3) Property preservation. Property preservation is a very important issue in trademark infringement litigation. Taking preservation measures correctly in accordance with the law is of great significance to safeguarding the legitimate rights and interests of the infringed party. Therefore, property preservation is often used in trademark infringement lawsuits. Property preservation means that in order to promptly and effectively protect the legitimate rights and interests of closely related persons or parties, the People's Court shall, before litigation or making a judgment, upon the application of closely related persons or parties, or on its own initiative and in accordance with its authority, take measures to restrict the disposal or disposal of relevant property. Mandatory measures for transfer. Property preservation includes litigation property preservation and pre-litigation property preservation, which are applicable to different legal situations.