After registering a trademark, can others still use the name?

It is a legal fact that the Trademark Office will approve the registration application in accordance with a strict review system and ultimately approve the registration. A Trademark that has been strictly reviewed by the Trademark Office and officially registered is called a "registered trademark" and has exclusive trademark rights. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. After registering a trademark, can others still use the name?

After successfully completing the trademark registration, other companies can no longer use the trademark under the same name. , because trademark registration specifically refers to the trademark owner submitting a registration application to the Trademark Office in accordance with the registration regulations, principles and strict procedures stipulated by the state for the purpose of obtaining the exclusive right to use the trademark, and the Trademark Office will apply for it in accordance with a strict review system. The legal fact that the registration application is approved and registration is finally granted.

Trademarks that have been strictly reviewed and officially registered by the Trademark Office are called "registered trademarks" ”, this trademark has exclusive trademark rights.

Trademark Law

Article 6

For goods that are stipulated by laws and administrative regulations to use registered trademarks, they must apply for trademark registration. Products without approved registration may not be sold in the market.

Article 44

A registered trademark that violates Articles 4, 10, 11, 12 and 19 of this Law Article 4: If registration is obtained by deception or other unfair means, the Trademark Office shall declare the registered trademark invalid;

Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing.

If the party concerned is dissatisfied with the Trademark Office’s decision, 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 shall make a decision within nine months from the date of receipt of the application and notify the parties in writing.

If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he may file a lawsuit within 30 years from the date of receipt of the notice. File a lawsuit with the People's Court within days

Other units or individuals request the Trademark Review and Adjudication Board to declare the registered trademark. If it is invalid, after receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a defense within a time limit.

The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing.

If there are special circumstances that require extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council .

If the party concerned is dissatisfied with the Trademark Review and Adjudication Board’s ruling, he or she may file a request after receiving the notice. The People's Court shall notify the People's Court of the trademark adjudication procedures within thirty days from the date of filing. The other party participates in the litigation as a third party.

2. Can trademarks be enforced

The answer is yes.

For the enforcement of the award, The parties shall bear corresponding legal responsibilities

When one of the parties fails to perform the legal procedure. , the other party has the right to file a complaint with the local judicial authority and apply for enforcement in accordance with the relevant provisions of the Civil Procedure Law.

The agency that accepts the complaint, that is, the local judicial authority, mustMust perform duties as required.

Accordingly, if the award made by the arbitral tribunal takes effect and the performance period expires, , if one party who still has obligations fails to perform the arbitration award, then the other party has the right to submit an application for enforcement to the judicial authority with jurisdiction in accordance with the law.

Specifically, the parties should submit the application for enforcement of the arbitral award and relevant Evidence materials are submitted to the local judicial authorities. These materials include but are not limited to the arbitration award (original), proof of service of the arbitration award, and various supporting documents and information that need to be provided, such as the award agreement or the contract containing the arbitration clause.