Legal analysis
In case of dispute, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. Accordingly, the parties can choose the following ways to deal with trademark infringement disputes: First, the parties can resolve them through consultation. Resolving disputes caused by trademark infringement through consultation between the parties can provide a way for those who are willing to resolve them through consultation. The exclusive right to use a registered trademark belongs to the category of civil rights, and the parties have the right to dispose of their own rights and allow them to settle through consultation, which is also a kind of respect for the civil disposition rights enjoyed by the parties according to law. It is convenient and simple for the parties to resolve disputes through consultation, which is conducive to solving problems quickly, reducing social contradictions and saving administrative and judicial resources. Second, to the people's court. After the infringement of the exclusive right to use a registered trademark, if the parties are unwilling to settle the dispute through negotiation, or if negotiation fails, that is, negotiation fails, they may bring a lawsuit to the people's court to resolve the dispute through litigation. According to the provisions of this article, in this case, the subject who has the right to bring a lawsuit, that is, the subject who can bring a lawsuit to the people's court, is the "trademark registrant or interested party". In other words, in trademark infringement disputes, the plaintiff should be the party whose rights are damaged, such as the trademark registrant and licensee in the trademark use contract. However, the infringer cannot bring a lawsuit to the people's court. Third, request the administrative department for industry and commerce to handle it. After a trademark infringement dispute occurs, if the parties are unwilling to negotiate or fail to negotiate, they may request the administrative department for industry and commerce to handle it in addition to bringing a lawsuit to the people's court. Requesting the administrative department for industry and commerce to handle it is to request the administrative department for industry and commerce to perform its supervision and management duties according to law, investigate and deal with trademark infringement through administrative law enforcement, crack down on trademark infringement and safeguard its legitimate rights and interests. For example, the subject who can bring a lawsuit to the people's court, according to the provisions of this article, in this case, the subject who has the right to request the administrative department for industry and commerce to deal with it is the trademark registrant or interested party.
legal ground
Article 218 of the Criminal Law of People's Republic of China (PRC) * * * knowingly sells infringing copies specified in Article 217 of this Law for profit, and the amount of illegal gains is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined.
Article 60 of the Trademark Law of People's Republic of China (PRC) commits one of the acts listed in Article 57 of this Law, infringing on the exclusive right to use a registered trademark and causing disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier. If there is any dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce for mediation, or bring a suit in a people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). After mediation by the administrative department for industry and commerce, if both parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).