Where can I check the trademark invalidation ruling?
Trademark invalidation ruling is general You can go directly to the Trademark Office for inquiries;
When the Trademark Office makes a decision to declare a registered trademark invalid, it should notify the parties in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, 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 parties 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.
If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing and submit a defense within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties 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 ruling 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. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.
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Is it necessary to hire a lawyer when filing a lawsuit? What are the benefits of hiring a lawyer?
If you and the other party are involved in the case,In fact, if everyone insists on their own opinions, the evidence is confusing, or the legal issues are difficult, or the outcome of the case will have a particularly great impact on you, then it is still necessary to hire a lawyer to participate in the entire process. A lawyer can do two things for you:
(1) Run errands and handle chores. For example, filing a case, paying and refunding fees, sending and receiving court materials, communicating with the clerk and the handling judge, mediating, appearing in court, etc.
(2) Help you answer your questions, reduce the risk of losing the lawsuit, and increase the probability of winning the lawsuit. For example, you can ask a lawyer to analyze and provide advice, telling you what you can and cannot do, whether you should keep it notarized in advance, and the lawyer can help you write a complaint, defense, evidence list, and cross-examination opinions in court. Debate back and forth with the other party, state your views to the judge, and then engage in negotiation and mediation with the other party.
All in all, the role of a serious lawyer for clients is to save time and energy, improve efficiency, and maximize the protection of legal rights.
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