Administrative complaints and court litigation solve different problems: administrative enforcement is fast and hard-hitting but cannot award you damages; civil litigation can win money and injunctions but takes long and costs more. For most cases, the optimal answer is a combination.
Administrative Complaint (Market Regulation Authorities)
Under Article 60 of the Trademark Law, complain to the market regulation authority at or above the county level where the infringement occurs. Advantages:
- Fast: after docketing, on-site inspection and seizure of infringing goods can stop the infringement immediately;
- Low cost: no fee, and a relatively low evidentiary threshold;
- Strong sanctions: orders to stop the infringement, confiscation and destruction of infringing goods and tools, and fines.
The limitation: the administrative authority can only mediate the damages amount; if mediation fails or is not performed, suit in court is still required.
Civil Litigation
Sue in a competent court where the infringement occurred or where the defendant is domiciled. Advantages:
- Damages available: claim actual losses, infringer's profits, or statutory damages under Article 63, and punitive damages of one to five times for malicious infringement;
- Conduct preservation (injunction) and evidence preservation available;
- Judgments are enforceable.
The limitations: the cycle usually runs from six months to over a year, requiring attorney fees and notarization fees, and the burden of proof rests mainly on the rights holder.
How to Choose
- Infringement just emerging, rapid takedown desired: platform complaint first, then administrative complaint as warranted;
- Manufacturing dens or large-scale counterfeiting: administrative complaint first, using the enforcement action to fix the infringing facts and account books;
- Clear losses, damages desired: sue directly, or sue after administrative enforcement using the penalty decision as evidence;
- Suspected crime: report to the public security bureau for the criminal route.
The combination of administrative enforcement followed by litigation is the most common: the facts established in the enforcement decision and the seized account books become key evidence of infringement and damages calculation in the lawsuit.
If you are facing these issues, you may first run a trademark monitoring check on MyTMBee, confirm feasibility, and then decide whether to file—avoiding blind filings that waste official fees.