Legal analysis: 1. If one of the acts listed in the Trademark Law infringes on the exclusive right to use a trademark and causes a dispute, it shall be settled by the parties through consultation.
2. If the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle the dispute.
3. If a lawsuit is brought to a people's court, it shall be conducted according to legal procedures; If it is handled by the administrative department for industry and commerce, and the infringement is found to be established at the time of handling, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined.
4. If a party refuses to accept the decision of the administrative department for industry and commerce, he may bring a suit in a people's court in accordance with the Administrative Procedure Law; If the infringer neither brings a suit nor performs it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution.
5. At the request of the parties, the administrative department for industry and commerce may mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law.
Legal basis: Trademark Law of the People's Republic of China
Article 61 The administrative department for industry and commerce has the right to investigate and deal with the infringement of the exclusive right to use a registered trademark according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.
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 a registered trademark of others on the basis of the suspected evidence or reports obtained: (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) Examining articles related to infringement activities; Articles that are proved by evidence to infringe upon the exclusive right to use a registered trademark of others may be sealed up or detained.
when the administrative department for industry and commerce exercises the functions and powers stipulated 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 procedure for investigating and handling cases shall be resumed or terminated.