First, self-negotiation. If the two parties can reconcile after infringement, it will not only enable the trademark owner to realize and safeguard his rights and interests quickly and effectively, but also prevent the infringer from damaging his reputation. Unwilling to negotiate or failing to do so, the parties may directly bring a civil lawsuit to the court.

Second, mediation. Mediation is not a necessary procedure to resolve copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement or repent after mediation, they may bring a lawsuit directly to the court.

Third, give administrative punishment.

After accepting a trademark infringement case, the administrative department for industry and commerce at or above the county level shall, on the premise of ascertaining the facts, stop the infringement through investigation and evidence collection, and give administrative punishment according to the illegal facts and the seriousness of the infringer. Specific punishment measures include:

1, ordered to stop selling immediately;

2. Invite and destroy the infringing trademark marks;

3. Eliminate infringing trademarks on existing trademarks;

4. Inviting molds, printing plates or other criminal tools directly used for trademark infringement;

5. Order and supervise the destruction of goods;

6. According to the circumstances, a fine of less than 50% of the illegal business amount or less than 5 times of the profit from infringement may be imposed, and the infringer may be ordered to compensate the losses of the infringed.

Fourth, the way of litigation settlement.

Jurisdiction. Trademark infringement cases may be under the jurisdiction of the people's court in the place where the infringement is committed or where the infringer is located. In this regard, the infringed can choose the place where the infringement occurred or the people's court where the infringer is located to prosecute. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court has designated the Intermediate People's Court as the jurisdiction court.

The people's court adopts civil sanctions to deal with general trademark infringement cases. The people's court may take the following measures independently or in combination according to the rights of prohibition, compensation for losses, return of improper interests and restoration of reputation exercised by the infringed:

1. Order the infringer to stop the infringement immediately. You can destroy articles that constitute infringement, dismantle equipment used for infringement, and invite tools and templates directly used for infringement;

2. Eliminate the influence and restore the reputation of the infringed person, such as ordering the infringed person to publish an apology statement in newspapers and periodicals to restore the commercial reputation of the infringed person;

3. Compensation for the losses of the infringed. The calculation method of compensation is the profits gained by the infringer or the losses suffered by the infringed during the infringement. In addition, the infringer should also compensate the infringed for the expenses incurred in investigation, evidence collection, and hiring an agent ad litem or a non-litigation agent.

4. In addition to the above-mentioned main measures, the people's court can also take measures such as admonition, order to make a statement of repentance, confiscate illegal income, fine or detention.

legal ground

Article 32 of the Trademark Law,

The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.