1. What to do if a trademark subclass is partially rejected
1. Trademark If a subcategory is partially rejected, this part can be abandoned; if the partially rejected subcategory is very important, you can apply for review. Those who apply for reexamination must apply to the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the notice. After review, if the opponent is dissatisfied with the decision of the Trademark Review and Adjudication Board, he may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.
2. Legal basis: "Trademark Law of the People's Republic of China"
35 If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and after investigation and verification, make a decision on whether to approve registration within twelve months from the expiration date of the announcement. , and notify the opponent and the respondent in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.
If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
2. How to resolve trademark registration disputes
1. If a dispute arises from trademark registration, the parties shall first negotiate with each other; if the negotiation fails, they may file a lawsuit with the People's Court, and the People's Court shall make a judgment on the disputed facts; Or request the industrial and commercial administration department to deal with it, and if it is determined that the infringement is established, it will be ordered to stop the infringement, confiscation of infringing tools and materials, fines and other administrative penalties.
2. If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture the infringing goods., Tools for counterfeiting registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. fine.
3. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished.
Selling goods that are not known to infringe the exclusive rights of registered trademarks, and can prove that the goods were obtained legally and indicate the supplier, shall be ordered to stop by the industrial and commercial administration department Sale. 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 website to consult a professional lawyer.
