Does a trademark agent need a qualification certificate?

During the application process, if there is a non-statutory contract, business relationship or other special relationship between the applicant and the other person, and the applicant is clearly aware of the existence of the other person's Trademark, then when the other person objects to it, the trademark Registration will not be approved. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Does a trademark agent need a qualification certificate?

Those who are committed to becoming a trademark attorney must meet the following qualification requirements: First, they should have complete have the capacity for civil conduct; secondly, they should have received higher education (at least a college degree) and successfully passed the trademark agent qualification examination or assessment; in addition, they must not have ever suffered criminal punishment, unless it was a criminal case caused by negligence; In this case, they cannot have been expelled from public office or have their trademark agent qualifications revoked; finally, they must strictly abide by laws and regulations, adhere to professional ethics and professional disciplines, and take practical actions to protect the legitimate rights and interests of their clients.

During the application process, if there is an illegal relationship between the applicant and the other person, If you have a contract, business relationship or other special relationship, and you are clearly aware of the existence of the other person's trademark, then when the other person objects to it, the registration of the trademark will not be approved.

Article 15 of the Trademark Law

Unauthorized, the agent or representative registers the trademark of the principal or represented person in his or her own name, If the principal or represented person raises an objection, registration will not be granted and use will be prohibited. If a trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, the applicant and the other person have the same rights as specified in the preceding paragraph.If you know the existence of another person's trademark due to other than contracts, business relationships or other relationships and the other person raises an objection, the registration will not be granted.

2. Can others use the trademark during application?

Yes feasible.

The scope of protection of a registered trademark is limited to the categories that have been successfully registered and the categories in which Related products or products in similar categories below.

In other words, for categories and product items that have not been covered by registered trademarks, other Enterprises still have the right to apply for registration and use of the trademark.

In addition, it should be noted that a registered trademark must not infringe the prior rights of others. .

If a company can provide sufficient evidence to prove that it is registered for business or actually If the trademark has been used before and has a certain degree of popularity and recognition, then the company has the right to continue to use the trademark.

At the same time, applicants for registered trademarks may also face accusations of malicious registration. risk.