1. How much is the cost of clothing trademark registration?
The cost of trademark registration includes Official fees and agency fees.
1. Trademark registration fee. According to the unified trademark fee standards issued by the Trademark Office, the official trademark registration fee is 300 yuan. (Limited to 10 products in this category. For more than 10 products, each product will be charged an additional 30 yuan);
2. Trademark registration agent fee. The risk of trademark registration is relatively high for individuals. Generally speaking, everyone will choose to entrust an agency to handle it. If you entrust an agency to handle the trademark registration application, you will incur agency fees. There is no unified standard for trademark registration agency fees. Agency fees vary from agency to agency.
2. Scope of Acceptance of Trademark Litigation
1. Generally speaking, if you can apply for administrative reconsideration of a specific administrative act, you can also file an administrative lawsuit. If an administrative lawsuit is filed directly with the People's Court, it should be filed within three months from the date when the specific administrative act is known to be made; if an administrative lawsuit is filed against the reconsideration decision, it should be filed within 15 days from the expiration of the reconsideration period.
2. If you are dissatisfied with the decision or ruling made by the Trademark Review and Adjudication Board, you may file an administrative lawsuit within thirty days from the date of receipt of the notice.
Legal basis: According to the provisions of the "Interpretations of the Supreme People's Court on Issues Concerning the Jurisdiction and Scope of Legal Application in the Trial of Trademark Cases", the first instance of trademark civil disputes shall be handled by intermediate or above The People's Court has jurisdiction. Each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases
Trademark administrative litigation cases shall be under the jurisdiction of the people's court where the industrial and commercial administrative agency that originally made the specific administrative act is located. In cases that have been reviewed, if the review agency changes the original specific administrative act, the people's court where the review agency is located may also Jurisdiction. Cases filed against specific administrative actions of the State Administration for Industry and Commerce and the Trademark Office shall be under the jurisdiction of the local Intermediate People’s Court.
3. Trademarks Characteristics of litigation
Trademark administrative litigation is different from civil litigation arising from trademark infringement disputes, and the two cannot be confused.
1. The objects of treatment are different. Trademark administrative litigation is caused by trademark administrative disputes, that is, whether the punishment imposed by the punished person on the industrial and commercial administrative authorities during the trademark management process is legal and appropriate. Disputes; trademark infringement litigation is the object of civil compensation disputes caused by trademark infringement between the infringer and the infringed party.
2. The parties involved The status in litigation is different. Trademark administrative litigation occurs between the administrative subject and the administrative counterpart, that is, the industrial and commercial administration agency and the person subject to administrative punishment; the former can only be the defendant and has no right to counterclaim, while the latter is always the plaintiff; trademark infringement litigation Both parties are equal civil subjects, have equal status in litigation, and enjoy equal litigation rights.
3. The legal principles and applicable procedures of the two types of litigation are different. Trademarks Administrative litigation must be based on the "Administrative Procedure Law", which is applicable to civil litigation procedures, while trademark infringement litigation is based on the "Civil Procedure Law", which is applicable to civil litigation procedures. The principle of reconsideration selection in administrative litigation, the principle of non-suspension of litigation and execution, The principle of limited change does not apply to civil litigation, and the principles of disposition and mediation in civil litigation do not apply to administrative litigation.
In summary, China's trademark There are a total of 45 major categories of registration, and each major category has many subcategories. And the charging standards corresponding to different categories are different. If the perpetrator wants to find someone else to handle the trademark registration as an agent, he must also There is a fee.I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
