Can the trademark still be used if it is invalid?

If you fail to submit your application within this deadline, there is a six-month grace period for you to process it. However, if the application is still not filed within the grace period, the Trademark Office will cancel the Trademark from the expiration date. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can an invalid trademark still be used?

If a certain trademark has no legal effect, it usually cannot obtain legal use rights, otherwise such behavior It will definitely constitute a violation of law.

According to relevant legal provisions, a registered trademark is valid for up to ten years.

When the validity period of the registered trademark expires, if you want to continue to use it, you must Submit your registration renewal application within the first six months.

If the application is not submitted within this period, there is still a six-month grace period. Limited time for your processing.

However, if the application is still not made within the grace period, then from the expiration of the grace period From now on, the Trademark Office will cancel the trademark.

Article 47 of the Trademark Law

In accordance with Articles 44 and 45 of this Law

A registered trademark declared invalid by the Trademark Office shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be It does not exist from the beginning.

The decision or ruling to declare a registered trademark invalid shall be made by the People's Court before the invalidation. Judgments, rulings, and mediation documents on trademark infringement cases that have been executed and decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, as well as trademark transfer or licensing contracts that have been performed, do not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant.

Trademark infringement compensation, trademark transfer fees, and trademark use shall not be refunded in accordance with the provisions of the preceding paragraph. If the fee clearly violates the principle of fairness, it shall be refunded in whole or in part.

2. Can I register copyright for someone else’s trademark?

It works.

According to Article 31 of the current Trademark Law, "Proposing a trademark When applying for registration, you must not infringe on the existing prior rights and interests of others, nor use unfair means to seize other people's trademark registration rights that have already been put into actual use and have certain commercial influence.

” The scope of prior rights referred to in this clause is quite broad and covers many types of rights, including but not limited to trademarks rights, copyrights, patent rights, trade name rights, etc.

If the copyright ownership is unclear, the trademark can easily lead to copyright disputes about the trademark's creative works during the registration process. This leads to a lot of trouble.

Only through copyright registration can we more effectively avoid this problem. type of problem.

By registering copyright at the same time as applying for a trademark, you can ensure the copyright and copyright of the trademark. Trademark rights belong to the applicant himself.