Can production and sales be carried out during the period of trademark registration
Products can be produced and sold during the period of trademark registration. Trademarks are used to distinguish goods and service providers. Trademarks are not "sales licenses." Even if you use an unregistered trademark, you can still sell goods.
1. The trademark can be used during the registration period However, it is not protected by law;
2. The trademark is After receiving the acceptance notice, you can mark "TM" in the upper right corner of the trademark to mean using it as a trademark;
3. After the trademark is officially issued, you can mark "R" in the upper right corner of the trademark to prove that it is a registered trademark;
4. The trademark cannot be authorized before it is officially issued.
What should I do if my trademark is registered during the announcement period?
1. Prepare the trademark’s prior use popularity, trademark To prove that the trademark has been registered maliciously, an objection application and proof must be submitted to the Trademark Office within the announcement period of the registered trademark. If an objection is raised against a trademark that has been preliminarily reviewed and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the objected person, and after investigation and verification, make a decision on whether to approve registration starting from the expiration of the announcement period, and notify the opponent in writing. and the respondent. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. After the Trademark Office makes a decision to approve the registration, it will issue a certificate to the applicant and make an announcement. If the opponent is dissatisfied with the result, he or she may request the Trademark Review and Adjudication Board to declare the trademark invalid in accordance with the relevant provisions of the Trademark Law.
2. The parties concerned are applying to the Trademark Office or Trademark Review and Adjudication When applying for an objection or dispute or asserting rights, the Committee shall state the reasons and provide corresponding evidence in conjunction with the constituent elements of trademark squatting analyzed above. These evidences should focus on two aspects:
1 On the one hand, it is evidence that the trademark registrant has subjective bad faith, such as the purchase and sale contracts, correspondence and correspondence between the two parties related to the disputed trademark, and written evidence that the trademark registrant has demanded an unreasonably high "trademark transfer fee" from the right holder. ;
On the other hand, the right holder has previously used , Evidence of publicity of the disputed trademark, such as the entrustment contract and corresponding documents between the right holder and the trademark design and trademark logo printing agency, the contract for the production and release of advertisements related to the trademark, newspapers and magazines that publish trademark advertisements, and the purchase and sale contract for the trademarked goods. and invoices, etc.
In fact, from the above analysis, we can see that in our country The law mandates that all goods must have a trademark before they can be produced and sold. However, without a trademark, merchants will not receive legal protection and when there are problems with the goods, they will also be punished by law. Therefore, if there is a trademark If you encounter problems during the registration process, it is recommended to contact a lawyer in time. The Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.
