What is administrative litigation in a trademark case and what does it include?

Second, it can appropriately reduce the energy invested by the parties to trademark disputes to resolve the disputes.

Third, the parties can reduce the number of trademark cases through negotiation, so that the law enforcement authorities can make better use of the existing law enforcement resources. However, it should be noted that self-negotiated trademark infringement disputes are first and foremost disputes that do not constitute a criminal offense, and criminal liability must be pursued for those who are mainly engaged in counterfeiting the registered trademarks of others and the amount meets the criteria for filing a criminal case.

Second, in dispute cases settled through self-negotiation, the circumstances of the infringement are generally relatively minor and the consequences are not serious, and administrative penalties can be exempted, that is, administrative liability can be exempted.

Third, the main purpose of the investigation and punishment of infringement is to protect the civil rights and interests of the right holder from infringement, and a negotiated settlement means that the right holder has already waived the right to pursue civil liability against the infringer because it has not caused harm to the right or the harmful consequences are not serious.

In law enforcement practice, the following principles can be followed:

1. Except for cases complained by trademark registrants, under normal circumstances, the industrial and commercial authorities do not take the initiative to ask the parties to negotiate trademark infringement cases investigated and handled. If the parties take the initiative to request negotiation, they can give them a certain period of time to negotiate on their own, and if they do not provide evidence that they have been resolved through negotiation by the time of the expiration date, it is advisable to deal with it administratively as a trademark infringement case.

2. In the case of a complaint from a trademark owner, the industrial and commercial authority shall be deemed to have given up the negotiation or the negotiation has failed, and the industrial and commercial department shall no longer take the initiative to carry out the negotiation and settlement between the parties.

3. If the industrial and commercial authority that has already filed a trademark dispute at the request of the parties involved in the case and before making an administrative decision on the case, and the parties involved in the case agree to settle through consultation, if the settlement does not endanger the public interest, the industrial and commercial authority may withdraw (cancel the case) at the request of the parties involved in the case.

First of all, you have to determine what you are buying a trademark for, so that you can judge whether the trademark is important to you. However, the importance of the trademark is as follows: 1. The trademark is the logo of an enterprise, and it can also be said to be a manifestation of corporate culture.

It represents the image of a company. The protection of the trademark can protect your corporate reputation and corporate image. 2. Your trademark is also something that you have the exclusive right to use.

Protected by intellectual property laws. It costs a certain amount of money for you to register a trademark and for you to buy a trademark. Protecting your trademark from others is also protecting your own property.

3. The establishment of each famous brand, the trademark has become an appreciating commodity at the same time. When your company becomes a big company, your trademark also appreciates in value. This is the expected value of the trademark.

4. Now let's talk about what will happen if your trademark is not protected by others and you produce some other goods, for example, we all know that Wahaha is a trademark of a beverage company, and if someone makes shoes, clothes, and laundry detergent. What happens if some people break the law to do some items that are prohibited by law, or that are exclusively produced? But you need to think about what you want to buy a trademark for, like some people, they don't want to do business, they don't want to make money by investing in trademarks, and there is nothing for others to infringe, so trademarks are not so important to such people.

Trademark registration and trademark trading are very important for those who need him, and they are very important in the process of enterprise development, and the importance of trademark disputes and the country's gradual popularization of intellectual property rights to the public entrepreneurs are no longer blindly facing the development of enterprises and building brands, and more are thoughtful trademark layout and legal protection of products.

Trademark administrative litigation refers to an administrative lawsuit filed by an administrative counterpart against a specific administrative act of the Trademark Review and Adjudication Board on trademark management. The situations that are included are:

1. Administrative disputes over the rejection review of trademark applications.

2. Administrative disputes over the review of non-registration of trademarks.

3. Administrative disputes over trademark opposition review.

4. Administrative disputes over the review of trademark invalidation of trademark rights.

5. Administrative disputes over requests for invalidation of trademark rights.

6. Administrative disputes over the revocation of trademark rights.

7. Other administrative disputes over trademark disputes.

8. Other trademark administrative disputes.

1. What is the difference between trademark opposition, invalidity, and cancellation?

1. Trademark opposition is a legal procedure clearly stipulated in the Trademark Law and the Regulations for the Implementation of the Trademark Law to solicit public opinions on the preliminary examination of trademarks, and its purpose is to supervise the Trademark Office to confirm trademark rights fairly and openly, so that relevant parties have the opportunity to assert their rights.

If any person has different opinions on the preliminarily approved trademark, he or she may file an opposition with the Trademark Office within three months from the date of the announcement of the preliminary examination.

2. Trademark revocation: If an enterprise or individual wants to register a trademark, and it has been found that the previous identical or similar trademark has been registered for 3 years, and the trademark owner has not used the trademark in the past 3 years, it can cancel the trademark for three consecutive years without using it, remove the obstacles to trademark registration, and strive for the exclusive right to use the trademark.

3. An application for trademark invalidation refers to the legal procedure whereby the trademark owner or interested party believes that the registered trademark violates the relevant provisions of the Trademark Law and requests the Trademark Review and Adjudication Board to declare the registered trademark invalid. If a trademark is invalidated, the trademark is not legally protected from the date of filing, and the trademark is a trademark that has no legal effect.

2. Is the sale of a house a property dispute?

Economic contract disputes generally include disputes over sales, loans, contract contracts, construction projects, and technical contracts. Patent rights, trademark infringement disputes, ownership infringement disputes, and management right infringement disputes are all infringement disputes. Lawful rights and interests may be protected from harm through litigation, arbitration, administrative reconsideration and other methods.

Article 56 of the Administrative Litigation Law of the People's Republic of China provides that the enforcement of administrative acts is not stopped during the litigation period. However, in any of the following circumstances, a ruling is made to suspend enforcement: (1) where the defendant finds it necessary to stop enforcement; (2) Where the plaintiff or interested party applies to stop enforcement, and the people's court finds that the enforcement of the administrative act will cause irreparable losses, and the suspension of enforcement does not harm the national interest or the societal public interest; (3) The people's court finds that the enforcement of the administrative act will cause major harm to the national interest or societal public interest; (4) Where laws or regulations provide for the suspension of enforcement.

Where a party is dissatisfied with a ruling to stop enforcement or not to stop enforcement, it may appeal for reconsideration once.

Trademark administrative litigation refers to a lawsuit filed by a citizen, legal person or unincorporated other organization that has been dealt with by a specific administrative act of the administrative department for industry and commerce in the course of trademark management and filed a lawsuit with the people's court in accordance with the relevant provisions of the Trademark Law and the Administrative Litigation Law. The general term for the acceptance, trial, adjudication and enforcement of trademark administrative cases by the people's courts, with the participation of both parties and other litigation participants, is a legal activity in which judicial organs resolve trademark administrative disputes.

According to Article 11(8) of the Administrative Litigation Law, citizens, legal persons, or other organizations may initiate an administrative lawsuit if they "believe that an administrative organ has infringed upon their personal rights and property rights". A party may file a lawsuit if he or she is dissatisfied with all penalties involving property rights. In the case of trademark administrative litigation, according to the provisions of the Trademark Law and its detailed rules, a party may file an administrative lawsuit if it is dissatisfied with the punishment imposed by the administrative authority for industry and commerce on the following seven acts.

a. The trademark goods using the trademark are shoddy, shoddy, and deceive the consumer of the balance of fees;

b. Goods that must be sold in the market with registered trademarks as stipulated by the state;

c. Unregistered trademarks are used as registered trademarks;

d. The trademark used is a word or figure that shall not be used as a trademark as stipulated in Article 8 of the Trademark Law;

e. For infringement of the exclusive right to use a registered trademark, the administrative authority for industry and commerce shall order the infringement to stop and impose a fine;

f. Destroying commodities that are toxic, harmful and have no use value;

g. Sealing or confiscating the trademark logo.

1. Who is the defendant in a trademark administrative lawsuit?

In administrative litigation, the defendant refers to the administrative organ that has been demolished before the plaintiff believes that its lawful rights have been violated, and the people's court notifies the respondent. The defendant in the trademark administrative lawsuit is the Administration for Industry and Commerce, which imposes administrative penalties on trademark violations. The determination of the defendant's status is due to the notice of the people's court to respond to the lawsuit, and the difference arises from the plaintiff's filing of the lawsuit.

Only upon notice from the people's court to respond to the lawsuit can the defendant enjoy the rights and assume the obligations in the litigation. The scope of defendants in trademark administrative litigation is specific and limited to the administrative authority for industry and commerce.