1. Negotiate on your own. If the two parties can reconcile after the infringement occurs, it will not only enable the trademark owner to quickly and effectively realize and safeguard their rights and interests, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
2. Mediation. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court.
3. Through the State Administration for Industry and Commerce or administrative litigation settlement
Industrial and commercial administration departments at or above the county level After receiving a gift trademark infringement case, through investigation and evidence collection, and on the premise of determining the facts, the infringement behavior will be stopped, and administrative penalties will be imposed based on the infringer's illegal facts and the severity of the circumstances. Specific punishment measures include:
1. Order to stop sales immediately;
2. Accept invitations and destroy them Identification of infringing trademarks;
3. Eliminate infringing trademarks on existing trademarks;
4. Accept invitations Molds, printing plates or other tools used directly for trademark infringement;
5. Order and supervise the destruction of items;
6. Depending on the circumstances, a fine of not more than 50% of the illegal business volume or not more than five times of the profits obtained from the infringement shall be imposed, and the infringer may be ordered to compensate the infringed party for the losses.
4. Litigation resolution
Jurisdiction. Trademark infringement cases may be under the jurisdiction of the People's Court of the place where the infringement occurred or where the 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.
The People's Court generally handles trademark infringement cases in the form of civil sanctions. Based on the right of injunction exercised by the infringed party, the right of claim for loss compensation, the right of claim for return of unjust benefits, the right of restorationFor the right to claim credit, the people's court may adopt the following methods individually or in combination:
1. Order the infringer to immediately stop the infringement. You can destroy items that constitute infringement, dismantle equipment used in infringement, and invite tools, templates, etc. that are directly used for infringement;
2. Eliminate the impact, Restore the reputation of the infringed party, such as ordering the infringed party to publish an apology statement in newspapers and magazines to restore the business reputation of the infringed party;
3. Compensate the infringed party For the infringer's losses, the compensation amount is calculated based on the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. In addition, the infringer should also compensate the infringer for the expenses incurred by the infringed party in investigating, collecting evidence, and hiring litigation or non-litigation agents;
4. Except In addition to the above main methods, the People's Court can also take measures such as admonishment, ordering repentance, confiscation of illegal income, fines or detention.