1. How long does it take to review a trademark rejection
The time for review of trademark rejection is usually nine months, but it can be decided by the industrial and commercial administration department of the State Council based on special circumstances. An extension to three months was approved.
According to my country’s Trademark Law, if there is any objection to the rejection of a trademark registration application, you can apply for it yourself. Submit a request for review to the Trademark Review and Adjudication Board within fifteen days after being notified.
After receiving the application, the association will make a decision within nine months and Notify the applicant in writing.
Article 34 of the Trademark Law: For a trademark that rejects the application and refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
2. Administrative penalty standards for counterfeit use of registered trademarks in production
We will take the following measures to punish any infringement of the exclusive rights of registered trademarks: First, yes Order the infringement to cease.
This measure includes: immediately stopping the sale of infringing products; seizing and destroying infringing products; Specific tools, etc.
If it constitutes an illegal act, we will impose financial penalties in accordance with the law, that is, the amount of illegal business A fine of no more than 50% of the infringement or no more than five times of the profits obtained from the infringement.
The main person responsible for the infringement may also be fined up to 10,000 yuan. fine.
If you have objections to these two decisions, please contact us after receiving the notification Within 15 days, file a lawsuit with the People's Court in accordance with the Administrative Litigation Law.
If we fail to file a complaint within the time limit and fail to perform relevant obligations, we will apply to the People's Court for compulsory implement.
Finally, we will also actively participate in the mediation work on the amount of compensation for trademark exclusive rights.
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