What are the reconsideration and specific procedures for trademark infringement cases?

The problem of trademark infringement in China is very serious. After some people see that a certain trademark is famous, they will plagiarize, imitate, etc., causing economic losses and harm to these trademarks. This needs to be solved through law. So, what are the reconsideration and specific procedures for trademark infringement cases? Follow the Legal Savior website to learn more.

What are the review and specific procedures for trademark infringement cases

(1) Application for reconsideration

a. The Applicant for review shall submit a review application to the review authority. If the application for reconsideration cannot be submitted within 15 days, the applicant for reconsideration should clearly state the request for reconsideration within 15 days. If it is really difficult to write an application for reconsideration, you can apply orally, which will be recorded in the transcript by the staff of the administrative reconsideration agency and signed by the applicant for reconsideration.

The reconsideration application should state the following content:

a. Name, gender, age of the applicant for review , nationality, place of origin, occupation, address, etc. (name, address, legal representative of a legal person or other organization);

b. Name and address of the administrative agency subject to review;

c. The facts and reasons for applying for reconsideration, and the requirements of the reconsideration applicant;

d. Time to submit reconsideration application; span>

e, other materials and evidence that should be provided.

b. The administrative review authority shall receive the review Within 7 days from the date of application, the review application will be processed as follows according to different circumstances:

a. If the reconsideration application meets the regulations, the case shall be filed and the reconsideration applicant shall be notified in writing:

b. If the reconsideration application falls into any of the following circumstances, it will be ruled not to be accepted. The original handling authority and the reconsideration applicant shall be notified in writing of the reasons.

First, administrative processing does not involve the review applicant rights and interests, or the request for reconsideration has no basis in laws, regulations or rules;

Second, the reconsideration application exceeds the statutory time limit and there is no justifiable reason;

Third, complexBefore the application for reconsideration is filed, the reviewer has filed a lawsuit with the People's Court;

Fourth, it is not within the jurisdiction of this review authority.

c. The application for reconsideration does not meet the requirements, Or if the evidence or materials that should be provided are insufficient, the application shall be returned to the applicant for review and corrections shall be made within a time limit. If no correction is made within the time limit, it may be deemed that the application has not been applied or that the application has been rejected.

(2) Reconsideration agency and review application Review

Reconsideration cases are handled by the administrative department that has made specific administrative actions The administrative department at the higher level of the agency has jurisdiction. If you are dissatisfied with the handling by the county-level Industry and Commerce Bureau, you may apply for reconsideration to the prefecture-level Industry and Commerce Bureau; if you are dissatisfied with the handling of the prefecture-level Industry and Commerce Bureau, you may apply for reconsideration with the provincial-level Industry and Commerce Bureau. The review authority should establish a review body or appoint full-time or part-time review personnel. The review agency or full-time or part-time review personnel shall be directly responsible to the administrative head of the administrative review agency.

The review authority must review the review application, mainly There are the following points: (1) If the applicant for review has already filed a lawsuit with the People's Court, he shall not apply for review; (2) The applicant is a citizen, legal person or other organization who believes that specific administrative actions directly infringe upon his legitimate rights and interests; (3) There is a clear The respondent; (4) has a specific request for reconsideration and factual basis; (5) falls within the scope of reconsideration; (6) falls within the jurisdiction of the authority accepting reconsideration.

(3) Reconsideration hearing

a. After filing the case, the reconsideration authority shall send a copy of the reconsideration application to the respondent and notify the reconsideration applicant in writing. The respondent shall, within 10 days from the date of receipt of a copy of the application, submit relevant materials or evidence for administrative processing to the administrative reconsideration authority, and submit a defense. Failure to respond within the time limit will not affect the review. After trial, the administrative reconsideration authority shall, based on In different situations, the following review decisions will be made:

a. If the applicable laws and regulations in the original processing are correct, the facts are clear, and comply with legal authority and procedures, the decision will be maintained;

b. If the original treatment has formal or procedural deficiencies, the applicant shall decide to make corrections;

c. If the original handling falls under any of the following circumstances, the decision shall be made to revoke, change or order the respondent to take specific administrative actions again:

First, the main facts of the case are unclear;

Second, the applicable laws, regulations and rules are wrong ;

Third, violation of legal procedures affects the review application rights and interests;

Fourth, exceeding or abusing power.

d. If the normative document on which the administrative processing is based conflicts with the normative document at the upper level, the decision shall be revoked or the relevant authority shall be recommended to revoke it.

b. When the reconsideration authority makes a reconsideration decision, it should prepare a "Reconsideration Decision Letter". The "Reconsideration Decision Letter" includes The following matters:

a. Name of the applicant for review , address (name, address of legal person or other organization, name of legal representative);

b. The name and address of the respondent, the name and position of the person in charge;

c. Main facts and reasons for applying for reconsideration;

d. Facts, reasons, applicable laws, rules and regulations determined in the reconsideration decision;

e. Conclusion of the case trial;

f. Prosecution against the reconsideration decisionPeriod;

g. The year in which the review decision is made, Month Day.

c. The review decision shall be issued by the head of the administrative review agency Signed and stamped with the seal of the reconsideration authority. If the applicant for review is dissatisfied with the review decision, he may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision. If he fails to file a lawsuit within the time limit and fails to implement the review decision, the administrative agency or review agency that originally made the specific administrative act shall apply to the people's court in accordance with the law. Court enforced.

If you need to know the details of trademark infringement cases In this situation, it is recommended that you consult a lawyer online at the Legal Savior website and let a professional lawyer give you detailed answers.