If it is determined that there is trademark infringement, the trademark owner can follow the following steps to protect and resolve the matter: 1. Negotiate with the other party. The trademark owner can negotiate with the infringer first, and if the matter can be resolved through negotiation, it can be resolved calmly. 2. Collect evidence. Try to collect enough evidence of the other party’s infringement. If the trademark is used on a product without permission, then the product can be used as one of the evidence. 3. Request the industrial and commercial administration department to handle the matter. When looking for relevant departments to handle the matter, it can be either the industrial and commercial administrative department where the trademark infringer is located, or the industrial and commercial administrative department where the other party committed trademark infringement. 4. Bringing a lawsuit to the people's court is like filing a lawsuit with the industrial and commercial administrative department. Trademark infringement cases can be filed either in the place where the trademark infringement was committed or in the people's court where the trademark infringer is located. In this regard, the infringed party can freely choose the place where the infringement occurred or the people's court where the infringer is located to file a lawsuit. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction.
Legal Basis
Article 62 of the Trademark Law of the People's Republic of China
The industrial and commercial administration departments at or above the county level shall have When investigating and punishing suspected infringement of other people's registered trademark rights based on evidence or reports of suspected violations of law, the following powers may be exercised: (1) interrogate relevant parties and investigate the situation related to infringement of other people's registered trademark rights; (2) review and copy The parties’ contracts, invoices, account books and other relevant materials related to the infringing activities; (3) On-site inspection of the places where the parties are suspected of engaging in activities that infringe the exclusive rights of registered trademarks of others; (4) Inspection of items related to the infringing activities; Articles that are proven to infringe the exclusive rights of others' registered trademarks may be sealed or seized. When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it. During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.