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近期,部分商标申请人集中反馈,国家工商总局商标局依据《商标法》第五十条对申请商标予以驳回的驳回决定开始大量出现。其中,有以引证商标期满未续展未满一年的理由驳回,也有以引证商标被撤销未满一年的理由驳回。以期满未续展未满一年的理由驳回较好理解,未续展无效的商标可能存在商品流通,需给予一年的消化时间。但是,以引证商标被撤销未满一年驳回的理由驳回,目前在一些指导性意见法条适用当中,还存在完全不同的理解,不能达到统一。再
Recently, some trademark applicants concentrated feedback, and the decision of the Trademark Office under SAIC to dismiss the trademark in accordance with Article 50 of the Trademark Law began to appear in large numbers. Among them, there was a refusal on the ground that the quoted trademark expired without renewal for less than one year, or rejected on the ground that the quoted trademark was canceled for less than one year. Discontinued less than one year’s reason to refuse to better understand the end of the non-renewal of invalid trademarks may exist in circulation of goods, to be given a year of digestion time. However, it has been dismissed on the ground that the quoted trademark has been withdrawn for less than one year. At present, there are still totally different understandings and can not reach reunification in the application of some guiding opinions and laws. again