【百一时讯】(双语)商标评审案件审理情况月报 (2020年第6期)
一、 商标评审案件收文工作情况
I About receipts of trademark review and adjudication cases
2020年5月16日至6月15日,各类评审案件申请共收文36710件,同比增长10.84%,环比增长10.39%。
From May 16 to June 15, 2020, 36,710 applications for various review cases were received, increasing by 10.84% compared with the same period last year and increasing by 10.39% compared with the previous period this year.
2020年1—6月累计各类评审案件申请收文166311件,同比减少16.10%。其中驳回复审申请收文135194件,同比减少21.64%;涉及双方当事人的复杂案件申请收文31117件,同比增长21.09%。按换算工作量计算,同比增长1.59%。
From May to June 2020, a total of 166,311 applications for various trademark review and adjudication cases were received, decreasing by 16.10% compared with the first six months last year. Among them, there were 135,194 applications for review of the registration refusal, decreasing by 21.64% compared with the first six months last year; 31,117 applications for complex cases involving both parties, rising by 21.09% compared with the first six months last year. The workload was 1.59% increased compared with that of the first six months last year.
二、 商标评审案件审理工作情况
II About trials of trademark review and adjudication cases
2020年5月16日至6月15日,审理签发各类评审案件40648件,同比增长41.80%,其中签发驳回复审案件36864件,同比增长46.00%,签发复杂案件3784件,同比增长10.74%,按换算工作量计算,同比增长27.67%。
From May 16 to June 15, 2020, 40,648 various trademark review and adjudication cases were tried and issued, rising by 41.80% compared with the same period last year. Among them, there are 36,864 cases of refusal of review, rising by 46.00% compared with the same period last year, and 3,784 complex cases, rising by 10.74% compared with the same period last year. The workload was rising by 27.67% compared with the same period last year.
2020年1—6月累计审理签发各类评审案件191814件,同比增长22.56%。按换算工作量计算,同比增长10.19%。
From May to June, 2020, a total of 191,814 various trademark review and adjudication cases were tried and issued, rising by 22.56% compared with the first six months last year. The workload was 10.19% rising by compared with that of the first six months last year.
三、裁文结果数据统计(按类统计)
III Statistics of the results of the arbitration (by category)
案件 类型Type of Case | 驳回复审Review of registration refusal | 无效宣告Declaration of invalidity | 撤销复审Review of cancellation | 不予注册复审Review of disapproval of registration | |||||||||
案件 结果Case Result | 全部 驳回Entirely refused | 部分 驳回Partially refused | 初步 审定Preliminarily approved | 全部 无效Entirely invalid | 部分 无效Partially invalid | 有效Valid | 全部 撤销Entirely cancelled | 部分 撤销Partially cancelled | 不予 撤销No cancellation | 不予 注册Disapproval of registration | 部分 不予注册Partially disapproval of registration | 核准 注册Approve the registration application | |
数量 (件)Number | 25042 | 3589 | 8233 | 1435 | 342 | 720 | 536 | 357 | 198 | 137 | 32 | 20 | |
占比Proportion | 67.93% | 9.74% | 22.33% | 57.47% | 13.70% | 28.83% | 49.13% | 32.72% | 18.15% | 72.49% | 16.93% | 10.58% |
四、商标评审案件行政复议工作情 IV About administrative review of trademark review and adjudication cases
2020年5月16日至6月15日,共受理行政复议申请52件,同比减少62.86%,共审结行政复议案件65件,同比减少32.29%。
From May 16 to June 15, 2020, 52 applications for administrative review were accepted, decreasing by 62.86% compared with the same period last year; and 65 cases of administrative review were concluded, decreasing by 32.29% compared with the same period last year.
2020年1-6月,共受理行政复议申请448件,同比增长2.52%,共审结行政复议案件559件,同比增长64.90%。
From May to June, 2020,448 applications for administrative review were accepted, rising by 2.52% compared with the first six months last year; and 559 cases of administrative review were concluded, rising by 64.90% compared with the six five months last year.
五、商标评审案件行政诉讼工作情况
V About administrative proceedings of trademark review and adjudication cases
2020年5月16日至6月15日,行政诉讼共收到一审被诉案件1727件,同比增长23.18%,环比增长133.38%;收到二审被诉案件332件,同比减少23.50%,环比减少23.15%;收到再审被诉案件62件,同比增长21.57%,环比无变化。
From May 16 to June 15, 2020, 1,727 first instance cases were received, rising by 23.18% compared with the same period last year and rising by 133.38% compared with the previous period this year; 332 second instance cases were received, decreasing by 23.50% compared with the same period last year and decreasing by 23.15% compared with the previous period this year; 62 retrial cases were received, rising by 21.57% compared with the same period last year and there is no change compared with the previous period this year
2020年1—6月,行政诉讼共收到一审被诉案件5344件,同比减少16.40%;二审被诉案件2523件,同比减少5.89%;收到再审被诉案件384件,同比增长38.13%。
From May to June, 2020, a total of 5,344 first instance cases were received, 16. 40% decreasing by compared with the first six months last year; 2,523 second instance cases were received, decreasing by 5.89% compared with the first six months last year; 384 retrial cases were received, 38.13% rising by compared with the first six months last year.
文章来源:商标评审公众号
翻译:张王祎