1. First, determine the scope of exclusive rights for registered trademarks. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement. The scope of the exclusive right to use a registered trademark is limited to the approved trademark and the goods approved for use by the registered trademark. This is to determine the standard for comparing trademark infringement with the object of alleged infringement in order to draw a conclusion as to whether it constitutes infringement.

Secondly, determine the specific object of the alleged infringement. The determination of the object of alleged infringement is determined by two factors, one is the trademark that is accused of infringement, and the other is the goods used in the trademark that is accused of infringement.

Finally, compare the alleged infringement object with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the alleged infringing trademark is the same or similar to the registered trademark, and whether the alleged infringing trademark is used Whether the goods are of the same category or similar to the goods for which the registered trademark is used.

Through the three basic procedures for determining infringement, especially by comparing the alleged infringement object with the registered trademark and the goods for which the registered trademark is approved, we can determine whether trademark infringement has occurred.

II. Methods for handling trademark infringement

1. If there is any infringement of the exclusive right to use a trademark as listed in the Trademark Law, and any dispute arises, it shall be resolved through negotiation between the parties.

2. For trademark infringement disputes, if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested parties may request the industrial and commercial administrative department to handle it.

3. The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law.

4. If the party concerned is dissatisfied with the decision of the administrative department for industry and commerce, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law; if the infringer does not file a lawsuit or perform his duties upon expiration of the time limit, the administrative department for industry and commerce may apply to the People's Court for compulsory action. implement.

3. Trademark Infringement Procedure

The first step is to comprehensively collect evidence materials, including some official documents, registration documents, and notarizations from national administrative agencies, to prove that the infringer has caused losses to the infringed party , relevant evidence of impact, etc., because only when the evidence is sufficient, it will be conducive to administrative law enforcement.

The second step is to objectively analyze the case and select a rights protection method. Based on the collected evidence materials and other factual basis, combined with the subjective tendency of the infringed person, select the rights protection method that is most consistent with the actual situation. You can go through administrative procedures of little value, or choose more efficient judicial procedures. In order to ensure the probability of success, you can also choose multiple procedures at the same time to fully protect the interests of the infringed person.

The third step is to prepare a complaint or indictment. When preparing a complaint or indictment, attention should be paid to effectively combining the facts and tone. The statement should explain the specific infringement behavior of the infringer and a strong statement. Argument and analysis to facilitate the smooth progress of the case. The complaint or indictment is the most direct factor that directly affects the progress of the case.

The fourth step is that the infringed party can request the industrial and commercial administrative department at or above the county level for handling. The relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement and compensate the infringed party for the loss. It refers to the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period.

IV. Punishment of trademark infringement by the industrial and commercial administrative authorities

1. Order to immediately stop sales;

2. Seize and destroy infringing trademark signs;

3. Eliminate infringing trademarks on existing goods;

4. Seize molds, printing plates and other crime tools that are directly used for trademark infringement;

5. Confiscate and destroy infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and fines may be imposed.