Where the trademark right is infringed, the administrative department for industry and commerce shall order it to stop the infringement immediately, confiscate and destroy the infringing goods and the goods mainly used for manufacturing infringing goods, confiscate the illegal income and impose a certain fine, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.

the trademark law of the people's republic of china

Article 60 If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them 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).

Second, what are the defenses of trademark infringement?

In practice, after being sued by the trademark owner for infringement, the following circumstances can be used as a defense:

(A), the use of justifiable defense

1. The exclusive right to use a registered trademark has no right to prohibit others from properly using the common name, figure and model of the goods contained in the registered trademark, or the place names that directly indicate the quality, main raw materials, functions, uses, weights and quantities of the goods.

2. The exclusive right holder of a registered trademark with a three-dimensional mark has no right to prohibit others from properly using the shape of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value.

3. Before the trademark registrant applies for a trademark, if someone else has used a trademark that is the same as or similar to the trademark registrant and has certain influence, the exclusive right to use a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require him to attach an appropriate distinguishing mark.

(2) Free infringement defense

1, registered trademarks do not use defences.

If the owner of the exclusive right to use a registered trademark cannot prove that the registered trademark has actually been used in the previous three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.

2. Legal source defense

If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, and you can prove that the commodity was legally obtained by yourself and explain the supplier, you will not be liable for compensation.

From the above analysis, we know that according to the provisions of the Trademark Law, if the infringement of trademark rights does not constitute a crime, the administrative department for industry and commerce will punish it, generally confiscating infringing tools and commodities, confiscating illegal income, and imposing corresponding fines according to the infringement.