the identification department of trademark infringement is the administrative department for industry and commerce or the people's court. There are two main forms for the administrative department for industry and commerce to investigate and deal with trademark infringement: one is to take the initiative to investigate and deal with trademark infringement according to its authority; The second is to investigate and deal with complaints (reports). The Trademark Law stipulates that the administrative department for industry and commerce has the right to investigate and deal with acts that infringe on the exclusive right to use a registered trademark according to law. As can be seen from this article, as long as trademark infringement is found, the administrative department for industry and commerce can take the initiative to investigate and deal with it. However, in practice, it is difficult for the administrative department for industry and commerce to take the initiative to investigate and deal with trademark infringement, which restricts the investigation of such cases to some extent. Therefore, the cases investigated and dealt with by the administrative department for industry and commerce on the basis of complaints from trademark owners account for the majority. That is to say, in the protection of the exclusive right to use a trademark, at present, to a great extent, or mainly passive protection, that is, trademark owners or interested parties complain to the administrative department for industry and commerce for investigation after discovering the infringement. The measures that industrial and commercial departments can take to stop trademark infringement are as follows: (1) order the infringement to stop immediately; (2) Confiscating and destroying infringing goods; (3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks. 4 impose a fine. The people's court can only make a determination on the basis of the plaintiff's prosecution and implement the principle of not suing and ignoring.

Legal basis

Article 6 of the Trademark Law of the People's Republic of China commits one of the acts listed in Article 57 of this Law that infringe on the exclusive right to use a registered trademark, and if a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 5, yuan, it may be fined less than five times the illegal business amount, and if there is no illegal business amount or the illegal business amount is less than 5, yuan, it may be fined less than 25, yuan. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe on the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier.