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The Main Channel To Solve Procedural Disputes In Trademark Registration Is Highlighted.

2016/9/7 8:41:00 30

TrademarkRegistration ProcedureMain Channel

In 2015, the SAIC's performance appraisal committee carried out the administrative reconsideration function of trademark registration procedures, received 943 applications for administrative reconsideration, and concluded 769 cases of reconsideration cases.

Trademark administrative reconsideration procedure, as the main channel to solve the procedural disputes of trademark registration, has been further highlighted, which has effectively safeguarded procedural and substantive rights and interests of parties involved in trademark licensing.

In 2015, with the further implementation of the new trademark law, the new "trademark law" has been implemented.

Administrative litigation law

"The formal implementation of the trademark administrative reconsideration work is facing a large number of cases, the difficulty of increasing the application of the law, the pressure of judicial review and other multiple tests.

Faced with the challenge, the business appraisal committee has played an important role in supervising the administration of trademark registration according to law, and has effectively enhanced the level of trademark registration, management and protection.

In 2015,

trademark

As the main channel to solve the procedural dispute of trademark registration, the administrative reconsideration procedure has been further highlighted.

In 2015, the business appraisal committee received 943 applications for administrative reconsideration, 856 of which were examined and accepted, accounting for 90.8%, 64 of which were revised, accounting for 6.8%, and 23 of which were not accepted, accounting for 2.4%.

In 2015, the business jury reviewed 769 administrative reconsideration cases, including 731 cases pferred to 38 cases in 2014 and 731 cases concluded in 2015, and the closing rate was 81.5%.

In the cases concluded, 283 applications for specific administrative actions were maintained. The applicant withdrew 444 applications for reconsideration, revoked 13 applications for specific administrative actions, dismissed 6 applications for reconsideration, and refused to accept 23 applications for reconsideration.

It is understood that in 2015, trademark administrative reconsideration cases showed that the number of applications increased exponentially and the types of cases were relatively concentrated.

The number of administrative reconsideration cases received by the business jury in 2015 increased by 230% compared with 2014, reaching 9.6 times that of 2009 when the work started.

In the cases accepted, three cases involving registration, objection and pfer accounted for 81.8% of the total number of applications.

The cases of disapproval caused by objections caused by the main malpractice, and 55% of the total number of cases which were not registered due to the irregular book format and the declaration of commodity names were more than the total number of cases.

This is due to the change of the main body of the objection procedure after the implementation of the new law, the adjustment of the correction procedure in the registration application and the electronic application.

Promotion of information technology

The degree of matching is low.

If the party refuses to accept the specific administrative act of the Trademark Office, there are 85 cases of direct prosecution to the court without reconsideration, accounting for 9% of all the reconsideration cases, and 36 cases of prosecution to the court after reconsideration, accounting for 3.8% of all the reconsideration cases.

This fully shows that reconsideration is an optional procedure which is highly trusted and recognized by the parties and has played a major role in solving the procedural disputes of trademark registration.


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