1. What are the charging standards for trademark administrative litigation? Litigation fees for trademark administrative cases must be paid according to the standards. Generally, each item costs between 50 yuan and 100 yuan. Scope of acceptance: Trademark administrative litigation cases shall be under the jurisdiction of the people's court where the industrial and commercial administrative agency that originally made the specific administrative action is located. Characteristics of acceptance: Trademark administrative litigation is different from civil litigation arising from trademark infringement disputes. (1) Fees for trademark administrative litigation. Article 8 of the "Measures for the Payment of Litigation Fees" does not pay case acceptance fees for the following cases: Administrative compensation cases. Article 13 Case acceptance fees shall be paid according to the following standards: Administrative cases shall be paid according to the following standards: 1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan for each case; 2. Other administrative cases shall be paid 50 yuan for each case. Article 34: If the plaintiff or appellant in a civil case applies to withdraw the case and the people's court rules to allow it, the case acceptance fee shall be borne by the plaintiff or appellant. If the defendant in an administrative case changes or revokes a specific administrative act and the plaintiff applies to withdraw the lawsuit and the people's court rules to allow it, the case acceptance fee shall be borne by the defendant. (2) Scope of acceptance of trademark litigation 1. Generally speaking, if you can apply for administrative reconsideration of a specific administrative act, you can also file an administrative lawsuit. If an administrative lawsuit is filed directly with the people's court, it should be filed within three months from the date when the specific administrative action is known to be taken; if an administrative lawsuit is filed against the reconsideration decision, it should be filed within 15 days from the expiration of the reconsideration period. 2. If you are dissatisfied with the decision or ruling made by the Trademark Review and Adjudication Board, you may file an administrative lawsuit within 30 days from the date of receipt of the notice. Trademark administrative litigation cases shall be under the jurisdiction of the people's court where the industrial and commercial administrative agency that originally made the specific administrative action is located. In a case that has been reviewed, if the review authority changes the original specific administrative action, it may also be under the jurisdiction of the people's court where the review authority is located. Litigation cases against specific administrative actions of the State Administration for Industry and Commerce and the Trademark Office shall be under the jurisdiction of the local intermediate people's court. (3) Characteristics of trademark litigation Trademark administrative litigation is different from civil litigation arising from trademark infringement disputes, and the two cannot be confused. 1. The processing objects are different. Trademark administrative litigation is a dispute arising from trademark administrative disputes, that is, disputes arising from whether the punishment imposed by the punished person on the industrial and commercial administrative authorities during the trademark management process is legal and appropriate; while trademark infringement litigation is a dispute between the infringer and the infringed party. Civil compensation disputes arising from trademark infringement are the object. 2. The parties have different positions in the litigation. Trademark administrative litigation occurs between the administrative subject and the administrative counterpart, that is, the industrial and commercial administration agency and the person subject to administrative punishment; the former can only be the defendant and has no right to counterclaim, while the latter is always the plaintiff; both parties to trademark infringement litigation are equal civil subjects , have equal status in litigation and enjoy reciprocal litigation rights. 3. The legal principles and applicable procedures of the two lawsuits are different. Trademark administrative litigation must be based on the "Administrative Procedure Law" and civil litigation procedures are applicable, while trademark infringement lawsuits are based on the "Civil Procedure Law" and civil litigation procedures are applicable. The principles of reconsideration selection, non-suspension of execution, and limited modification principles in administrative litigation do not apply to civil litigation, and the principles of disposition and mediation in civil litigation do not all apply to administrative litigation. 2. The procedure of trademark administrative litigation. When the People's Court receives the complaint from the party concerned, upon review, it shall file the case within 7 days or make a ruling not to accept the case. For accepted cases, a copy of the complaint shall be sent to the defendant within 5 days from the date of filing the case. The defendant shall submit relevant materials for specific administrative actions to the People's Court within 10 days from the date of receipt of a copy of the complaint, and submit a statement of defense. If the defendant fails to submit a statement of defense, it will not affect the People's Court's trial in accordance with the law. During the litigation, the execution of specific administrative acts will not be stopped, except in the following circumstances: The defendant believes that execution needs to be stopped: The plaintiff applies to stop execution, and the People's Court believes that the execution of the specific administrative acts will cause irreparable losses, and stopping the execution will not harm society. In the interests of the public, the execution is suspended: the execution is suspended according to the provisions of laws and regulations.
After trial, the People's Court made the following rulings based on different situations: If the specific administrative behavior has conclusive evidence, the application of the law is correct, and complies with legal procedures, the judgment will be upheld; The specific administrative behavior has insufficient main evidence, wrong application of the law, violation of legal procedures, and exceeds the authority. For any of the acts of abuse of power, abuse of power, etc., the judgment shall be revoked or partially revoked, and the defendant may be sentenced to perform specific administrative actions again; if the defendant fails to perform or delays in performing statutory duties, the defendant shall be sentenced to perform within a certain period of time; if the administrative penalty is obviously unjust, the defendant may be sentenced to Change of judgment. During the trial of a trademark administrative litigation case, the parties concerned should grasp the powerful factors of the actual situation to obtain favorable evidence for themselves during the litigation. If the evidence of the specific administrative act is conclusive, the applicable law is correct, and the legal procedures are complied with, the judgment will be upheld. Of course, trademark administrative litigation is different from civil litigation arising from trademark infringement disputes, and the two cannot be confused.