1. What is the defense price of trademark invalidity stipulated by laws and regulations?
The legal norms stipulate that the price of trademark invalid defense is 1500 yuan. Invalid defense is the legal right given to the parties by the Trademark Law, and it is also the only way for the parties to refute the applicant's point of view to the Trademark Review and Adjudication Board, that is, Article 44 of the Trademark Law: 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 notify the parties concerned in writing after receiving the application and file a defense within a time limit.
When the Trademark Office decides to declare a registered trademark invalid, it shall notify the parties concerned in writing. If a party refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.
Second, the materials to be submitted for trademark defense
Article 24 Where an objection is raised to the trademark announced by the Trademark Office after preliminary examination and approval, the objector shall submit the following trademark objection materials in duplicate to the Trademark Office, and indicate the original and copy:
(1) An application for trademark objection;
(2) the identity certificate of the dissident;
(3) Where an objection is raised in violation of the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of the Trademark Law, the certificate that the objector is the prior obligee or interested party.
The application for trademark objection shall have a clear request and factual basis, and be accompanied by relevant evidential materials.
Article 25 After receiving an application for trademark objection, the Trademark Office shall accept it if it meets the acceptance conditions after examination, and issue a Notice of Acceptance to the applicant.
Article 26 Where an application for trademark objection is under any of the following circumstances, the Trademark Office shall not accept it and notify the applicant in writing and explain the reasons:
(a) not put forward within the statutory time limit;
(2) The applicant's subject qualification and objection reasons do not conform to the provisions of Article 33 of the Trademark Law;
(three) there is no clear objection, facts and legal basis;
(4) The same objector files an objection application for the same trademark again on the same grounds, facts and legal basis.
In trademark infringement cases, the court is pleased to require both parties to pay defense fees as soon as possible and arrange court defense. Since defense is also a way for the judicial organs to grasp the evidence of trademark infringement cases, no one can refuse to pay the defense fee of trademark cases on the grounds that he has no financial ability. The defense fee will not be refunded after payment.