Which agency handles trademark infringement?

In commercial competition, it is easy to constitute trademark infringement. Generally, if the relevant behavior of the actor damages the legitimate rights and interests of the trademark owner without the consent of the trademark owner, it will generally be deemed as trademark infringement. When encountering trademark infringement, which agency will handle the trademark infringement? Today, the editor of Legal Savior Network will give you detailed answers, hoping to help you.

Which agency handles trademark infringement

Anyone can file a complaint with the county level or above where the infringer is located or where the infringement occurred. Complaint or report by the industrial and commercial administration authority. General infringement cases are investigated and handled by the county-level industrial and commercial administration departments, while foreign-related cases or major cases are handled by the prefecture-level or provincial-level industrial and commercial administration departments. The location of the infringer refers to the location of the infringer's domicile, residence or the location of the infringer's unit; the place of infringement refers to the place where the infringer commits the infringement.

Those who are dissatisfied with the handling of the industrial and commercial administrative organs may file a lawsuit in the People's Court. The person who has been infringed may also file a lawsuit directly with the People's Court. my country’s Trademark Law does not clearly provide for the territorial jurisdiction over trademark infringement. However, Article 28 of the Civil Procedure Law stipulates that lawsuits filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. The party concerned files a lawsuit in the people's court because he is dissatisfied with the handling of the industrial and commercial administrative organs.

Industrial and commercial administration agencies and courts handle trademark infringement cases differently

1. Parties Different

The party requesting the People's Court to handle a trademark infringement case must be the infringed party. The court will not accept lawsuits from others. Of course, consumers can also sue the People's Court in accordance with the Consumer Rights and Interests Protection Law, but this involves the operator's infringement of consumers' rights and interests, not the legal relationship arising from trademark infringement.

2. Different requirements for defendants

When accepting trademark infringement cases, the industrial and commercial administration authorities only When the People's Court requires the existence of infringement facts, the defendant may not be very clear; when the people's court requires the infringed person to sue, it must provide a clear defendant, otherwise it will not be accepted.

3. The principles of acceptance are different

The industrial and commercial administrative authorities shall protect the interests of consumers and prevent unfair Competition and maintaining social normalcyBased on the economic order, trademark infringements must be "actively investigated and punished" even if no one accuses or reports them. The People's Court implements the principle of "no complaint, no response". The People's Court will not handle trademark infringement cases without being sued by the infringer.

The above is the relevant content compiled by the editor for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.