1. Trademark infringement can be complained to the Trademark Management Office of the Municipal Administration for Industry and Commerce or the Trademark Advertising Contract Management Section of the Industrial and Commercial Branch, or a lawsuit can be brought to the people's court. Where a request is made to the administrative department for industry and commerce, a written request shall be issued. The written request shall specify the cause of the request, the legal basis of the request, the name and address of the claimant, the name of the infringer and the place where the infringement occurred. Foreigners or foreign enterprises shall entrust a trademark agency with foreign agency rights.

A trademark infringement complaint shall submit the following written materials:

(1), complaining. List the respondent, the respondent's address, infringement facts, complaint requirements and legal basis, as well as the complainant's name, address, contact telephone number, complaint date and relevant documents of the agent.

(2) Business license. If a copy is submitted, the original issuing authority shall affix its official seal.

(3) trademark registration certificate. Where a copy is submitted, the official seal of the administrative department for industry and commerce at or above the county level where the trademark owner is located shall be affixed.

(4) Evidence of infringement, including infringing articles, trademarks, relevant bills or photos, etc.

However, complaints under any of the following circumstances will not be accepted:

(1), the respondent is unclear.

(2) The facts of the alleged infringement are unclear.

(3) The complaint documents provided are incomplete and have not been completed for more than three days.

(4), beyond the jurisdiction of the administrative department for Industry and commerce at the same level.

(five) the complainant filed a civil lawsuit with the people's court on the same fact.

Second, what should I do if I find trademark infringement?

First, pay attention to the collection of evidence.

Because only in the case of sufficient evidence, it is beneficial for administrative law enforcement organs or judicial organs to determine whether an act belongs to infringement as soon as possible. Therefore, evidence is the premise of handling a case. The procedural law stipulates that all facts that prove the true situation of a case are evidence. Therefore, we should strictly abide by this principle when collecting evidence. In other words, we should try our best to find evidence related to the case that can prove the true situation of the case.

Generally speaking, the evidence we are talking about here mainly refers to the following aspects: 1, the proof of the prior rights of the infringed. (including trademark registration certificate, patent certificate, copyright registration certificate, award-winning certificate related to the case, etc.). ) 2. Product samples of the infringer. 3. Samples of infringing products. 4. Proof of purchasing infringing products. Here mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller and other matters.

The second step is to consult a professional organization after collecting and sorting out the evidence.

Professionals will make a preliminary analysis of the case and provide professional advice on the details, which will help us to handle the case better.

What needs to be pointed out here is that there are generally two ways to deal with infringement cases.

1, administrative investigation. The main advantages of this method are strong investigation and quick investigation. Rapidly cracking down on counterfeiters and sellers can effectively stop the spread of infringement. However, it is difficult to give legal effect to the plaintiff's exhaustion principle by using this method alone. This refers to the issue of damages. Generally speaking, the infringer will bring economic losses to the infringed, and the complainant will invest some money and manpower to stop the infringement. Many enterprises hope that the infringer can provide some economic compensation to the infringed, so as to make up for the losses suffered by the infringed. The current Trademark Law and Product Quality Law also have clear provisions (see Trademark Law for details). However, it is difficult to claim compensation through administrative organs, so the rights of the infringed person cannot be exhausted.

2. Proceedings. The advantage of applying this procedure is that the investigation power is great, and the complainant can ask the infringer to compensate the infringer for the losses caused by the infringing act. However, the litigation procedure is relatively complicated, and it is difficult for the complainant to execute it alone without the assistance of a professional lawyer.

The third step is to complain or sue.

When making a complaint or prosecution, we should pay attention to the effective combination of facts and tone in order to facilitate the smooth progress of the case. The author believes that the complaint or indictment is the most direct factor that directly affects the progress of the case, and it is recommended to entrust professionals to complete it. At the same time, China's Trademark Law clearly stipulates that "foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization designated by the state as an agent". In other words, foreigners or foreign enterprises should entrust organizations designated by the state to handle trademark infringement cases in China.

Finally, make a complaint or prosecution.