How many years is the trademark dispute period?
Bidding dispute refers to the registered trademark dispute, that is, the trademark dispute between the owners of two registered trademarks because the two trademarks are the same or similar. To apply for a trademark dispute, the following three conditions must be met: 1. The applicant for the dispute must be a trademark registrant, and the date of trademark approval and registration is earlier than the date of trademark approval and registration of the disputant. 2. The goods approved for use by two disputed registered trademarks must be the same kind of goods or similar goods. 3. The graphics, characters or their combinations approved by the two disputed registered trademarks must be the same or similar. A trademark registrant with a later registration date cannot apply for a ruling on a trademark with an earlier registration date. This is why trademark rights are generated through registration. Therefore, the right to apply for adjudication is determined by the principle of registration order, which is consistent with the principle of "application first" in the Trademark Law. Guide to Trademark Review and Adjudication (Trademark Disputes) Paragraph 2 of Article 2 of the Trademark Law of People's Republic of China (PRC) (hereinafter referred to as the Trademark Law) stipulates:' the State Council Administration for Industry and Commerce shall set up a Trademark Review and Adjudication Board to handle trademark disputes. Article 28 of the Regulations for the Implementation of the Trademark Law stipulates that the Trademark Review and Adjudication Board shall accept applications for trademark review and adjudication in accordance with the provisions of Articles 32, 33, 41 and 49 of the Trademark Law. According to the above provisions, the scope of cases accepted by the Trademark Review and Adjudication Board is: (1) cases that refuse to accept the decision of the Trademark Office of the State Administration for Industry and Commerce to reject the application for trademark registration and apply for review in accordance with the provisions of Article 32 of the Trademark Law; (2) A case that refuses to accept the objection ruling of the Trademark Office and applies for reexamination in accordance with Article 33 of the Trademark Law; (three) according to the provisions of Article 41 of the Trademark Law, cases of dispute adjudication of registered trademarks; (4) A case that refuses to accept the decision of the Trademark Office to cancel a registered trademark and applies for retrial in accordance with the provisions of Article 49 of the Trademark Law. Related Procedures Article 24 of the Detailed Rules for the Implementation of the Trademark Law stipulates that "if a trademark registrant disputes another person's registered trademark, it shall submit the Application for Adjudication of Trademark Disputes in duplicate to the Trademark Review and Adjudication Board for adjudication within one year from the date when the trademark is announced in the registration announcement." In other words, disputes over registered trademarks must first be submitted in writing by the disputing parties. The applicant can download or print the Application for Adjudication of Registered Trademark Disputes on the website, fill in two copies as required, attach reasons and evidence, and submit it to the Trademark Review and Adjudication Board by the agency or in person within the statutory time limit, and pay the trademark review and adjudication fee. If the formalities are incomplete or overdue and the trademark review fee has not been paid, it will not be accepted. Both parties enjoy equal rights in dispute adjudication activities. The Trademark Review and Adjudication Board shall forward the reasons and facts of the dispute to the disputing party, who has the right to reply within the required time limit. When necessary, the Trademark Review and Adjudication Board shall notify both parties to the dispute to make a public defense. The Trademark Review and Adjudication Board shall study the facts and reasons provided by both parties to the dispute and make a ruling according to the principle that the minority is subordinate to the majority. Matters needing attention in submitting trademark dispute materials (1) If the applicant needs to submit supplementary evidence materials after submitting the application for the first time, it shall make a statement in the application and submit it within 3 months from the date of submitting the application; If it is not submitted at the expiration of the time limit, it shall be deemed as giving up the relevant evidence materials. When submitting supplementary materials, a copy of the Notice of Acceptance issued by the Trademark Review and Adjudication Board shall be attached. (2) Where it is necessary to make corrections after formal examination by the Trademark Review and Adjudication Board, the applicant shall make corrections within 30 days from the date of receiving the notice of correction. If no correction is made at the expiration of the time limit, the application shall be deemed to be withdrawn; If it still does not meet the requirements after correction, the Trademark Review and Adjudication Board will not accept it.