You need to pay a certain fee to defend a trademark, so how much is the fee? The editor has compiled the fees for trademark invalidity defense with everyone. Welcome to read, for reference only!

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How much does it cost to defend a trademark invalidity?

There is no official fee for handling objection defense, only the service fee of your entrusted agent. Generally, the service fee for defense is about 2500-3500, it depends. The difficulty level of your case.

If you do not hire an agency to defend your case, it will be free of charge to defend your case yourself. But the effect may not be good. If you think this trademark is more important to you, it is best to entrust an agency, because it involves many legal factors and defense skills. The cost is usually several thousand yuan, and you can negotiate on your own.

There is a way. You can consult an agency first to see what the success rate is. If the success rate is too low, you have to give up. Don’t waste money. Alternatively, you can also negotiate with the agency to see if they can be represented at risk, and then pay the money after success.

What should I do if I am dissatisfied with the cancellation of a registered trademark?

If the Trademark Office or the Trademark Review and Adjudication Board cancels a registered trademark, and the reason for cancellation only applies to some designated goods, the use of it on those designated goods shall be revoked. trademark registration. If a registered trademark is revoked, within one year from the date of cancellation, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark. If a registered trademark is revoked, the original "Trademark Registration Certificate" will be invalid; if the registration of the trademark on some designated goods is revoked, the Trademark Office will annotate the original "Trademark Registration Certificate" and return it, or re-issue a "Trademark Registration Certificate". and make an announcement.

Relief after cancellation of registered trademark

If the party concerned is not satisfied with the decision of the Trademark Office to cancel the registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. , the Trademark Review and Adjudication Board will make a decision and notify the applicant in writing. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

What are the circumstances under which a registered trademark can be revoked?

According to the relevant provisions of my country’s Trademark Law and its implementation regulations, registered trademarks can be divided into cancellation upon application and ex officio. The main situations are:

(1) For a registered trademark, if the following circumstances occur, the Trademark Office will cancel the registered trademark, and other units and individuals may request the Trademark Review and Adjudication Board to rule on canceling the registered trademark:

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1. Using a mark that cannot be used or registered as a trademark;

2. Obtaining registration by deception or other unfair means.

(2) If a registered trademark falls into the following circumstances, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. For those registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit:

1. Copying, imitating or translating someone else’s well-known trademark that has not been registered in China, which is likely to cause confusion;

2. Copying, imitating or translating someone else’s well-known trademark that has been registered in China, misleading the public, causing the interests of the well-known trademark registrant to be harmed;

3. Acting as an agent without authorization The person or representative registers the trademark of the principal or represented person in his own name, and the principal or represented person raises an objection;

4. The trademark contains a geographical indication of a commodity, and The product does not come from the area indicated by the mark, misleading the public. However, exceptions are made if registration is obtained in good faith;

5. Applying for trademark registration damages the existing prior rights of others, or uses unfair means to preemptively register a trademark that is already used by others and has a certain influence.

In both cases (1) and (2), for a registered trademark that has been revoked in accordance with the law, the exclusive right to use the trademark is deemed to have ceased to exist from the beginning. Decisions or rulings on the cancellation of registered trademarks, judgments and rulings on trademark infringement cases made and executed by the People's Court before cancellation, decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, and trademark transfers that have been executed or use license contract, does not have retroactive effect; however, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant.

(3) If the registered trademark is used for any of the following acts, the industrial and commercial administrative department shall order the trademark registrant to make corrections within a time limit; if it refuses to make corrections, it shall report to the Trademark Office to cancel its registered trademark:

< p>1. Change the registered trademark on your own initiative;

2. Change the name, address or other registration information of the registered trademark on your own initiative;

3. Transfer the registered trademark on your own initiative;

(4) If the use of a registered trademark has been stopped for three consecutive years, anyone may apply to the Trademark Office to cancel the registered trademark and explain the relevant circumstances.

In the two situations (3) and (4), the Trademark Office shall notify the trademark registrant and limit it to submit the use of the trademark before filing the cancellation application within 2 months from the date of receipt of the notice. If no evidence of use is provided upon expiration of the period or the evidence is invalid and there is no legitimate reason, the Trademark Office shall revoke the registered trademark. Evidence of use includes evidence that the trademark registrant uses the registered trademark and evidence that the trademark registrant permits others to use the registered trademark.

(5) If a registered trademark is used, and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the registered trademark may be revoked by the Trademark Office depending on the specific circumstances.

In the three situations (3), (4) and (5), the registered trademark that has been revoked shall be announced by the Trademark Office; the exclusive right to use the registered trademark shall be effective from the date of the cancellation decision of the Trademark Office. Start and end.

The above is the trademark invalidity defense fee provided by the editor, I hope it can be helpful to everyone

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