1. Can I apply for registration of a trademark myself
In China, individuals can also apply for registered trademarks in accordance with the law. The qualifications mainly include the following aspects: First, Applicants must have other types of industrial and commercial business licenses, such as belonging to institutions such as public institutions, social groups, individual businesses, etc. Secondly, they must be individuals in partnership or have concluded relevant cooperation agreements with China, as well as other countries that participate in international treaties or deal with them in accordance with the principle of reciprocity. Citizens, legal persons or enterprises and institutions can also apply.
Article 32 of the Trademark Law
Application for Trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register trademarks already used and used by others by unfair means. A trademark with certain influence.
Article 25
Within six months from the date when the trademark registration applicant first files an application for trademark registration in a foreign country, the applicant shall register the same trademark in China within six months. If an application for trademark registration is made for goods bearing the same trademark, the application shall be made in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries participate.
You can enjoy priority according to the principle of mutual recognition of priority.
Those who claim priority in accordance with the preceding paragraph shall submit a written statement when filing an application for trademark registration, and submit the first trademark registration application documents within three months. If a written statement is not submitted or a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.
-indent: 2em;font-family: Arial, sans-serif;font-size: 16px;">2. Can the trademark still be used if it is invalid?
If a certain trademark has no legal effect, it usually cannot obtain the legal right to use it, otherwise such behavior will be illegal.
According to relevant legal provisions, a registered trademark is valid for up to ten years
When the validity period of a registered trademark expires, if you want to continue to use it, you must Submit renewal registration application within 1 month
If failed to submit within this period. There is still a six-month grace period for you to apply.
However, if you are in If the application is still not submitted within the grace period, the Trademark Office will cancel the trademark from the expiration date.
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