Legal analysis: 1. Negotiation and reconciliation: Both the patentee and the alleged infringer can negotiate on their own or reach a settlement agreement through the mediation or mediation of other third parties to resolve disputes. When an intention to negotiate is expressed, an infringement warning letter can generally be sent to the infringing party, but the warning letter has a deterrent effect and is not legally binding.
2. Administrative investigation and punishment: When the patentee has preliminary evidence, he can report it to the patent office and other relevant administrative departments, which will take administrative measures to investigate and verify the infringement behavior of the infringer before making a decision. Determination of infringement. During the administrative investigation and handling process, the relevant patent administrative departments may mediate the civil liability for patent infringement based on the application of the relevant parties.
3. Sue in court: The patentee can also directly file a civil lawsuit with the relevant people's court at the place where the infringement occurred or where the defendant is located, requesting a cessation of the infringement, compensation for economic losses, etc.
Legal basis: "Intellectual Property Law of the People's Republic of China"
Article 27 A registered trademark violates the provisions of Article 8 of this Law, or is If registration is obtained by deception or other improper means, the Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. Except for the circumstances specified in the preceding paragraph, if there is a dispute over a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within one year from the date the trademark is approved for registration. After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the relevant parties and submit a defense within a time limit.
Article 28 For a trademark that has been opposed and adjudicated before registration is approved, no application for adjudication will be made based on the same facts and reasons.
Article 29 After the Trademark Review and Adjudication Board makes a final decision to maintain or cancel a registered trademark, it shall notify the relevant parties in writing.