Those who infringe trademark rights can be sued directly. But the following conditions must be met:

1. There is a clear defendant;

2. The plaintiff is the trademark registrant or an interested party;

3. Specific litigation claims, facts and reasons;

4. Other conditions that should be met for prosecution.

Legal Basis

Article 60 of the Trademark Law of the People's Republic of China

There are infringement registrations listed in Article 57 of this Law If a dispute arises from one of the acts of trademark exclusive rights, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

Article 119 of the Civil Procedure Law of the People's Republic of China

A lawsuit must meet the following conditions:

(1) Plaintiff It is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It falls within the scope of the People’s Court to accept civil litigation and the jurisdiction of the People’s Court subject to the lawsuit.