How the law stipulates trademark registration certificates
The "Trademark Registration Certificate" is issued by the Trademark Office in accordance with the "Trademark Law" 》, a legal document issued to a trademark registrant to prove the scope of its trademark exclusive rights. The main contents recorded on the "Trademark Registration Certificate" include: trademark (pattern), trademark registration number, name and address of the trademark registrant, the goods or services approved for use by the registered trademark and their categories, and the start and end dates (validity period) of the exclusive right to use the trademark. .
Article 33 of the Trademark Law , for a trademark that has been initially reviewed and approved by the Trademark Office, if there is no objection within three months from the date of announcement, the trademark will be approved for registration, a trademark registration certificate will be issued, and the trademark will be announced. However, according to the relevant provisions of the current Trademark Law and its Implementing Regulations, when the Trademark Office issues a trademark registration certificate for the first time, two situations will occur: one is that all the information recorded on the registration certificate is inconsistent with the current date of the referenced trademark. The actual situation is exactly the same. The other is that the owner and related information of the trademark are different from those recorded on the registration certificate when the certificate is issued.
The reason for the second situation is that the modification The later Trademark Law gave applicants the right to transfer and change during the application stage (that is, before registration has been approved). If a trademark in the application stage is changed or transferred, two situations will occur: If the change or transfer application is approved before the trademark registration certificate is issued,If the trademark registration certificate is issued, the registered address recorded on the issued registration certificate is the relevant residence of the change or transferee; if the application for change or transfer is not approved before the trademark registration certificate is issued, the registered address recorded on the issued registration certificate is still the original applicant. information, even though the owner of the registered trademark has changed at this time (the Trademark Office will later issue a change or transfer certificate to be used together with the original registration certificate).
For the transfer and change of a trademark after registration, the Trademark Law and its Implementing Regulations do not stipulate that the original registration certificate must be withdrawn and replaced with a new certificate. It only requires a change or transfer certificate to be issued after approval. The original registration certificate is used together. This situation shows that the registration certificate alone cannot indicate the true legal status of the registered trademark.
In the course of business operations, due to trademark legal awareness They are weak and have an incomplete understanding of trademark law. Many people do not correctly understand the legal effect of a trademark registration certificate. There are many people who are deceived just because of a trademark registration certificate. In the process of business operation, when one party uses a registered trademark as some kind of proof, or as an intangible asset to join a joint venture, the other party must not think that the trademark right is real and valid just based on the other party's "Trademark Registration Certificate". The Trademark Office sets up a "Trademark Registration Book" in accordance with the "Trademark Law" to record registered trademarks and related registration matters. Businesses should first understand their true legal status by checking the trademark register with the Trademark Office before making a decision. Similarly, in the process of enforcing the law, the trademark administrative law enforcement department should first clarify the true legal status of the trademark involved, and cannot make hasty decisions based on just a "Trademark Registration Certificate."
Although the "Trademark Registration Certificate" itself does not necessarily If the Trademark Registration Certificate is able to indicate the true legal status of the trademark, but is a document issued by a state administrative agency, if it is forged or altered, it shall be punished in accordance with the provisions of the Criminal Law on the crime of forging or altering state agency documents or other crimes. Criminal liability will still be pursued. Enterprises should pay attention to this point during their operations. In particular, some small and medium-sized enterprises should pay special attention to neither blindly believe the content recorded on the "Trademark Registration Certificate" nor regard it as child's play.
"Trademark Registration Certificate" is the legal certificate for a registered trademark. The trademark registrant prints the registered trademark logo and requests the industrial and commercial When administrative agencies handle other people's trademark infringements and file trademark infringement lawsuits with the People's Court, they must issue a "Trademark Registration Certificate".
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