When encountering trademark infringement, the exclusive right holder of a trademark may file an administrative complaint with the administrative department for industry and commerce, or bring a lawsuit directly to the court. If the circumstances are serious, he may report to the public security organ. Where the owner of the exclusive right to use a trademark complains to the administrative department for industry and commerce, the administrative department for industry and commerce may, when handling the case, consider the infringement established, order him to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademarks, and impose a fine of less than five times the illegal business amount if the illegal business amount is more than 50,000. If there is no illegal business turnover, or if the illegal business turnover is less than 50,000, a fine of less than 250,000 may be imposed. If a trademark is infringed twice or more within five years, or there are other serious circumstances, a heavier punishment shall be given. If there is a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request reconciliation, and the administrative department for industry and commerce may mediate or bring a lawsuit directly to the court. Those involved in the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing and selling goods without manufacturing registered trademarks may directly report to the public security organs.

legal ground

Article 60 of the Trademark Law

If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, 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 it.