1. If infringement is constituted, a lawyer may be entrusted according to law to verify the real quantity of the goods and request a lighter or mitigated punishment. It is suggested to consult or entrust a lawyer as a defender in time, meet with detainees, collect favorable evidence materials, defend according to law, and strive for the best result of lighter and mitigated punishment;
2. If it is not a real infringement, it is necessary to collect relevant evidence, such as the acceptance notice or trademark registration certificate of the trademark used, the publicity or advertising materials of its own trademark, and the invoices for the import and export of goods.
Legal basis: Article 57 of the Trademark Law of People's Republic of China (PRC).
Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.
Article 2 13 of the Criminal Code of People's Republic of China (PRC).
The crime of counterfeiting a registered trademark uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
How to punish the defendant for infringing a well-known trademark?
1. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times the profit from the infringement;
2. The person directly responsible for the infringing unit may be fined 1000 yuan according to the circumstances.