Legal analysis: Because trademark infringement causes consumers to misunderstand and harms the interests of the public, the industrial and commercial administration authorities can take administrative penalties, including ordering the infringement to cease and imposing fines. That is, when the industrial and commercial administrative organs impose administrative penalties on trademark infringements, they can choose whether to impose penalties while ordering them to immediately stop the infringements. When the industrial and commercial administrative organs exercise this discretion, they should comprehensively consider the degree of subjective fault of the person being punished, the circumstances, nature, and Factors such as the consequences and the degree of harm determine whether to impose a fine on the counterparty as well as the amount of the fine.
The industrial and commercial administrative department that handles the case can also mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties can file a lawsuit in the People's Court in accordance with the law.
Legal basis: Article 60 of the "Trademark Law of the People's Republic of China" If any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law causes a dispute, the party concerned shall If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter.