Can it be used during the application for trademark registration?

For start-up companies, if there is no Trademark during the initial marketing and promotion of the product, it will leave an impression of being irregular and unprofessional, and the effectiveness of the marketing promotion will also be greatly reduced. However, the process of registering a trademark is relatively cumbersome, and trademark application takes a long time, which can take up to one year at the earliest. So, what should a company do when it needs to use a trademark during the trademark application registration period? Can it be used directly? The editor of Legal Savior Network will answer it for you below.

1. Can it be used during the application for trademark registration?

The trademark is under application can be used in the process.

It can be used without registration, but it is not protected by law. However, pharmaceutical trademarks are an exception. According to legal regulations, registered trademarks must be used on drugs.

Article 48 of the "Trademark Law" The use of trademarks as mentioned in this Law refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents or use trademarks in advertising, exhibitions, and other commercial activities to identify the source of goods.

Article 49 If a trademark registrant changes the registered trademark, the registrant’s name, address or other registration matters on his own during the use of the registered trademark, the trademark registrant shall The local industrial and commercial administration department shall order corrections within a time limit; if corrections are not made within the time limit, the Trademark Office shall revoke the registered trademark.

If a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the trademark. Trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. 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.

Article 6: Goods that are stipulated by laws and administrative regulations to use registered trademarks must apply for trademark registration. Products without approved registration may not be sold in the market.

Article 7 When applying for registration and use of a trademark, the principle of good faith shall be followed.

Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.

2. Can a trademark be applied for in an individual’s name?

A pure natural person can register a trademark. Article 4 of the "Trademark Law of the People's Republic of China" stipulates that natural persons, legal persons or other organizations need to obtain exclusive rights to trademarks for their goods or services during production and business activities. , you should apply for trademark registration to the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. Individual registered trademark rights belong to the individual, and company registered trademark rights belong to the company.

As long as the following conditions are met, trademarks can still be owned by individuals:

1. Have a business license for an individual industrial and commercial household or rural contracting Business owner's license.

2. The person in charge and the applicant on the license are the same person.

3. The scope of goods and services submitted for trademark registration should be limited to the business scope approved by the business license or relevant registration documents, otherwise the application may not be accepted.

In agency practice, it is more common to apply for registration in the form of applicant + individual industrial and commercial household license.

The above is compiled by the editor We can learn that thetrademark can be used during the application process.has not been registered All can be used, but they are not protected by law. However, pharmaceutical trademarks are an exception. Registered trademarks must be used on drugs, and unregistered trademarks cannot be used.If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.