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Trademark litigation is divided into three types, one is administrative litigation, one is civil litigation, and the other is criminal litigation.
Trademark administrative litigation refers to a judicial relief method that refuses to accept the specific administrative act made by the Trademark Review and Adjudication Board or the local industrial and commercial bureaus and requests the court to review the legality of the act.
Trademark civil litigation refers to a judicial remedy in which the registered trademark holder believes that his trademark has been infringed in terms of ownership disputes, transfer licenses, and improper use of registered trademarks, and requests the court to confirm the result of the infringement and obtain corresponding compensation.
Trademark criminal litigation refers to the legal system in which the public security, procuratorate and court investigate the criminal responsibility of other people in accordance with legal procedures if they print, counterfeit trademarks, mixed and mixed trademarks in the process of manufacturing, selling and using other people's registered trademarks and logos, resulting in serious social impact or sales reaching more than 50000 yuan.
These three types of litigation require the participation of professional trademark lawyers in order to maximize their trademark interests.
The 1. People's Court accepts the following trademark cases:
1. Cases of disobedience to the review decision or ruling made by the Trademark Review and Adjudication Board of the administrative department for industry and commerce under the State Council (hereinafter referred to as the Trademark Review and Adjudication Board);
(2) Cases of disobedience to specific administrative acts on trademarks made by the administrative departments for industry and commerce;
3. Disputes over the ownership of trademark exclusive rights;
(4) cases of infringement of trademark exclusive rights;
5. Cases of disputes over contracts for the transfer of exclusive rights to trademarks;
6. Disputes over trademark licensing contracts;
7. Cases of stopping infringement of the exclusive right to use a trademark before applying for litigation;
8, apply for pre-litigation property preservation cases;
9, apply for pre-litigation evidence preservation cases;
10. Other trademark cases.
Among them, items 1 and 2 are administrative litigation cases, and items 3, 4, 5, 6, 7, 8, 9 and 10 are civil litigation cases under general circumstances. As for trademark criminal cases, the court does not directly accept them. They will be transferred to the procuratorate after investigation by the public security organ, and then the procuratorate will initiate a public prosecution to the court.
Time limit for 2. to bring a trademark administrative action
If the decision of the Trademark Review and Adjudication Board is not satisfied, an administrative lawsuit shall be filed with the people's court within 30 days from the date of the decision.
If you are not satisfied with the decision of the industrial and commercial bureau at all levels, if you are not satisfied with the reconsideration result, you shall file an administrative lawsuit with the court within 15 days after receiving the reconsideration result; if there is no reconsideration, you shall file an administrative lawsuit with the court within 3 months from the date of receiving the decision of the industrial and commercial bureau.
3. time limit for filing a civil action for a trademark
A civil action is filed within 2 years from the date on which it knew or should have known that the trademark rights were infringed. If the trademark registrant or interested party sues for more than 2 years, if the infringement continues at the time of the lawsuit, the people's court shall rule the defendant to stop the infringement within the validity period of the exclusive right to use the registered trademark, and the amount of compensation for infringement damages shall be calculated from the date of the right holder's lawsuit to the people's court.
If pre-litigation evidence preservation, pre-litigation property preservation, and pre-litigation injunction measures have been taken, a civil lawsuit shall be filed within 15 days from the date of receiving the court's approval for preservation or injunction.