[Direct answer]In the Beijing area, the general process is as follows: First, determine the jurisdiction and file a complaint with the market supervision and management department at the county level or above where the infringement occurred or where the infringer is located. Complaints can also be filed against e-commerce platforms for infringements; Second, submit materials, which typically include a complaint letter, a trademark registration certificate or proof of rights, evidence of infringement, proof of the complainant's qualifications and authorization materials; Third, accept and investigate. The market supervision and management department reviews and conducts investigations and evidence collection in accordance with the law; Fourth, handle the case. If the infringement is confirmed, the infringer may be ordered to immediately stop the infringing acts, confiscate and destroy the infringing goods and the tools mainly used to manufacture the infringing goods and forge registered trademark logos, and be fined; Fifth, seek remedies. If the party is dissatisfied with the handling decision, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law, or file a lawsuit with the people's court separately regarding compensation. According to the provisions of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), for infringements of registered trademark exclusive rights, the rights holder may file a complaint with the administrative authorities or directly file a lawsuit with the people's court.

1. Problem background and typical scenarios

After discovering that their trademark has been infringed, right holders can either file a complaint through administrative channels or seek compensation through litigation. Both approaches have their advantages: administrative complaints are relatively low-cost and faster in processing, allowing for timely prevention of infringement and the seizure and destruction of infringing goods; while litigation enables claims for damages and removal of adverse effects, but the process is lengthier. In practice, some right holders only send lawyer's letters without securing evidence, leading to insufficient evidence for subsequent complaints or litigation; others are unclear about jurisdiction and material requirements, repeatedly making corrections and wasting time. When handling such cases in Beijing, both administrative authorities and courts will review whether the rights foundation is stable, whether the infringement facts are clear, and whether the evidence was obtained lawfully. Understanding the process and material requirements of administrative complaints can help right holders efficiently stop infringement.

II. Key points of dispute

First, how to determine the jurisdiction authority for administrative complaints. Second, what materials and evidence should be submitted with the complaint. Third, what measures and penalties can be taken in administrative investigations. Fourth, how to connect the complaint with litigation and platform complaints. Fifth, what remedies are available for appealing against the handling decision.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers believe that the value of administrative complaints lies in "quickly stopping infringements and establishing the facts of infringement", but the prerequisite are clear rights basis and sufficient evidence. In practice, complaint materials usually need to meet three requirements: first, complete proof of rights, including trademark registration certificates, renewal certificates, and evidence of trademark popularity; second, solid evidence of infringement, including notarized purchase records, screenshots of webpages and stores, physical products, and sales and promotional materials; third, clear targets of the complaint, stating the subject of the complaint, the infringing acts, and specific requests. It should be noted that administrative investigations mainly address the issues of stopping infringements and imposing administrative penalties, while compensation disputes usually still need to be resolved through negotiation or litigation; therefore, administrative complaints and civil litigation can proceed concurrently, and the evidence obtained during the administrative investigation can also be used in subsequent litigation. Based on the experience of our team in handling intellectual property cases, it is recommended that right holders first fix the evidence of infringement before filing a complaint, and if necessary, conduct notarization or apply for preservation measures. They should also decide whether to simultaneously initiate litigation for compensation based on the scale and consequences of the infringement. In addition, for infringements on e-commerce platforms, they can also use the platform's intellectual property complaint mechanism to request the removal of links and closure of stores, forming a multi-dimensional protection combination. Specific procedures and results should be judged based on the facts of the case and current effective laws and regulations. 恒略律师认为，行政投诉的价值在于“快速制止侵权、固定侵权事实”，但前提是权利基础清晰、证据充分。实务中，投诉材料通常需要做到三点：一是权利证明完整，包括商标注册证、续展证明以及商标知名度证据；二是侵权证据扎实，包括公证购买记录、网页与店铺截图、商品实物、销售与宣传材料；三是投诉指向明确，写明被投诉主体、侵权行为与具体请求。需要提示的是，行政查处主要解决停止侵权与行政处罚问题，赔偿争议通常仍需通过协商或诉讼解决；因此，行政投诉与民事诉讼可以并行，行政查处中形成的证据也可在后续诉讼中使用。以本所团队办理知识产权案件的经验，建议权利人在投诉前先完成侵权证据的固定，必要时进行公证或申请保全，并根据侵权规模与后果决定是否同步启动诉讼索赔。此外，对电商平台上的侵权，还可利用平台的知识产权投诉机制要求下架链接、关闭店铺，形成多维度的维权组合。具体程序与结果须结合个案事实与现行有效法律法规判断。

IV. Practical suggestions and legal basis

Action list: First, verify the status of the trademark rights to ensure that the registration is valid and within the protection period; Second, fix the evidence of infringement, such as notarized purchases, web notarization, and physical samples; Third, determine the jurisdiction authority and submit complete complaint materials; Fourth, simultaneously use the complaint mechanism of e-commerce platforms to request the removal of infringing links; Fifth, if the compensation dispute cannot be resolved through negotiation, promptly initiate litigation to claim damages and reasonable expenses. For matters involving intellectual property and corporate compliance, you can refer to the relevant guidelines.Intellectual property and corporate legal advisorsAndSpecial servicesLegal basis: The provisions of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019) regarding the handling of acts of infringement of the exclusive right to use registered trademarks and administrative investigations, as well as the relevant provisions of the Interim Measures for the Handling of Complaints and Reports in Market Supervision and Management. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, it is essential to secure evidence before filing an administrative complaint, otherwise it will be difficult to assert claims in the future. Secondly, administrative investigations aim to stop infringements and impose penalties, while compensation typically needs to be claimed separately. Thirdly, administrative complaints and civil litigation can proceed in parallel without excluding each other. Fourthly, filing complaints on e-commerce platforms is a low-cost and quick-acting supplementary method. For matters involving intellectual property and corporate compliance, claims can be pursued through legal channels.Intellectual property and corporate legal consultantsWe provide a comprehensive solution for services, which includes the integration of contracts and business collaborationsBusiness and contract disputes in enterprisesFor matters related to the enforcement of compensation payments, you may refer to the following document for reference.Creditor's rights and debts, and enforcementFor inquiries regarding notarization of evidence and document services, please feel free to contact us.Special services.

VI. Frequently Asked Questions

Q1: Who should I contact for an administrative complaint regarding trademark infringement?

Generally, complaints should be filed with the market supervision and management departments at or above the county level in the place where the infringement occurred or where the infringer is located. For infringements on e-commerce platforms, complaints can also be made through the platform's intellectual property protection mechanism, requesting the removal of links and the closure of stores, forming a multi-channel parallel protection pattern.

Q2: What materials are required to submit a complaint?

These materials typically include a complaint letter, a trademark registration certificate or proof of rights, evidence of infringement (such as notarized purchase records, webpage screenshots, and physical samples of the products), and proof of the complainant's qualifications and authorization documents. The materials should be clearly targeted and supported by clear evidence. When necessary, professional explanations should be attached to enhance the efficiency of acceptance and investigation.

Q3: How will the administrative authorities handle this?

If the infringement is confirmed, the infringer may be ordered to immediately stop the infringing activities, and the infringing goods and the tools mainly used for manufacturing the infringing goods and forging registered trademark logos shall be confiscated and destroyed, and the infringer shall be fined. Administrative investigations are mainly used to stop infringements and impose administrative penalties, while compensation issues generally require separate negotiation or litigation to resolve.

Q4: Can I still sue after filing an administrative complaint?

Yes. Administrative complaints and civil litigation are not mutually exclusive. You can file a separate lawsuit for compensation for losses and elimination of impacts. Investigation materials and punishment decisions formed during the administrative investigation process can also be used as evidence in civil litigation, which helps to reduce the burden of proof on the rights holder.

Q5: What should I do if I'm not satisfied with the handling result?

If the party concerned is not satisfied with the handling decision made by the market supervision and management department, he/she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If the administrative organ refuses to investigate or fails to take action, the rights holder may also require it to perform its duties through legal channels, and the specific application shall be subject to the currently effective laws and regulations.

The above Q&A is mainly based on judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. If you encounter disputes, please consult a practicing lawyer in time.