[Direct answer]It is necessary to distinguish the different situations. Trademark infringement generally constitutes a civil infringement or an administrative violation, and the right holder can resolve it by filing a complaint with the market supervision and management department or initiating civil litigation. If the infringement involves criminal acts such as counterfeiting registered trademarks or selling counterfeit registered trademark products, the case can be reported to the public security organ to pursue criminal responsibility according to law. According to the provisions of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019) and the Criminal Law of the People's Republic of China regarding infringements of intellectual property rights, whether it involves a crime is the key to whether to report the case to the police. Therefore, reporting the case to the police is not applicable to all trademark infringements. The right holder should choose administrative complaints, civil litigation, or criminal reporting according to the circumstances, scale, and harmfulness of the infringement, and if necessary, take multiple approaches simultaneously. The specific judgment should be based on the infringement facts and the current effective laws, regulations, and judicial rulings.

I. Problem Background and Typical Scenarios

After discovering that their trademarks are being used by others, right holders often feel confused about which legal path to take to protect their rights. Typical scenarios include: others using the same or similar trademarks on the same type of products without authorization; online shops selling counterfeit goods; large-scale counterfeiting and sale of fake goods; only a small amount of use with minor circumstances; and right holders wanting to quickly stop infringements and claim compensation. In the above situations, the choice of legal channels directly affects the efficiency and effectiveness of protecting rights. For more information on related intellectual property services, please refer to the following link:Intellectual property protection and corporate law.

II. Key points of contention

First, the distinction between civil, administrative, and criminal approaches to trademark infringement. Second, the applicable conditions and standards for filing a police report. Third, the connection between administrative complaints and civil litigation. Fourth, the fixation and preservation of evidence. Fifth, the determination of compensation amounts. Sixth, the boundaries between infringement and crime. Seventh, strategic arrangements when pursuing multiple avenues simultaneously. The above issues determine the choice of protection methods. For corporate contracts, please refer to the relevant provisions.Business and contract disputes in enterprises.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case of trademark infringement and unfair competition disputes: The plaintiff claimed that the defendant's logo imitated its well-known trademark and packaging design, causing confusion, and requested to stop the infringement and compensate for high costs. The lawyer representing the defendant argued that the logo in question originated from a legally registered trademark and was used with authorization. The differences in suffixes were obvious, and the general public could distinguish them through overall recognition, so it was not easy to cause confusion. The packaging design originated from a design patent. The plaintiff only submitted a copyright registration without proving actual use and recognition, so it did not constitute a well-known packaging design. The high compensation lacked basis. The defendant's authorization period was short, the production volume was small, the pricing was low, and the product had already been discontinued. The court partially accepted the lawyer's opinion, determined that there was trademark infringement but rejected the claim of unfair competition, and set a compensation amount much lower than the plaintiff's claim. This case shows that the determination of trademark infringement and liability depend on factors such as the similarity of the logo, the product category, the well-known status, and the possibility of confusion. In terms of protection channels, if the right holder only finds general infringement, it is advisable to stop the infringement and seek compensation through administrative complaints and civil litigation. If it finds situations involving large-scale counterfeiting and forged logos that may constitute a crime, it should promptly report the case to the public security organ and submit evidence. Henglue Law Firm usually advises right holders to pursue multiple channels in parallel and focus on evidence, aiming to quickly stop infringement and strive for reasonable compensation. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, fix the ownership evidence, such as the trademark registration certificate and the materials of use; Second, fix the infringement evidence by means of notarization purchase and other methods; Third, choose administrative complaints, civil litigation or criminal reports according to the circumstances; Fourth, pay attention to the scale of infringement and report the suspected crimes in time; Fifth, evaluate the compensation and claim reasonable rights protection costs. Legal basis: Article 57 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019) concerning infringement acts, Article 60 concerning administrative handling, and Article 63 concerning compensation; Provisions of the Criminal Law of the People's Republic of China concerning the crime of counterfeiting registered trademarks and the crime of selling counterfeit registered trademark goods. For matters involving intellectual property, you may refer to the relevant provisions.Intellectual property protection and corporate law; For those involving corporate contracts, you can refer to it for reference.Business and contract disputes in enterprisesFor cases involving criminal charges, you can refer to the following information for reference.Criminal defense and criminal case filingThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, trademark infringement is usually handled through administrative complaints or civil litigation, and reporting to the police is not a mandatory option. Secondly, only cases involving suspected crimes of counterfeiting registered trademarks can be reported to the police for criminal prosecution. Thirdly, evidence is the common foundation for all legal remedies. Fourthly, pursuing multiple legal remedies in parallel can enhance the efficiency of protecting rights. Fifthly, making reasonable claims for compensation and covering the costs of protecting rights. For intellectual property-related cases, the parties can seek legal help through the following channels:Intellectual property protection and corporate lawObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: Can I report trademark infringement to the police?

It depends on the circumstances. Generally, trademark infringement falls under civil or administrative categories and should be resolved through administrative complaints or civil litigation. If it involves crimes such as counterfeiting registered trademarks or selling counterfeit goods, the case can be reported to the public security organ to pursue criminal responsibility.

Q2: Will the public security organ open a case after I report the crime?

It is necessary to meet the criteria for criminal prosecution. The public security organ will judge according to the scale of infringement, the amount of illegal business operations, the illegal income, and the circumstances; if it does not meet the standard, the right holder can instead assert his rights through administrative complaints or civil litigation.

Q3: Which is better, administrative complaints or civil litigation?

It depends on the specific circumstances. Administrative complaints can help stop infringements more quickly, while civil litigation allows claimants to seek compensation and reasonable costs. In practice, the two approaches are often used in parallel. First, evidence is secured, and then the focus is determined based on the scale of the infringement and the amount of damages.

Q4: What evidence is needed?

The plaintiff should fix the ownership evidence such as the trademark registration certificate, as well as the infringing goods, sales pages, promotional materials, notarized purchase records, and other infringement evidence. They should also collect evidence on the scale of infringement, sales volume, and profits, which can be used to claim for the cessation of infringement and compensation.

Q5: How is the amount of compensation determined?

The compensation may be determined based on the rights holder's losses, the infringer's profits, a multiple of the trademark license fee, or statutory compensation. The court will consider the trademark's popularity, the circumstances of the infringement, the infringer's subjective fault, and reasonable expenses to determine the compensation amount. The compensation will be reduced accordingly if the circumstances of the infringement are minor.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.