1. How long does it take to register a general trademark?
1. General trademark application case to be completed within nine months.
2. The application for trademark registration must go through: trademark inquiry, application submission, application acceptance, substantive examination, registration announcement, registration approval, and certification process. Under normal circumstances, processes such as application rejection, rejection review, objection, and objection defense may also occur due to external factors.
3. Before applying, you must first conduct a trademark search. If there is no identical or similar one before, you can prepare application documents. It will take about 3 months after submitting the application. , the Trademark Office will issue an application acceptance notice.
4. The Trademark Office will complete the review within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, it will make a preliminary review announcement. The initial review announcement period is 3 months. If no objection is raised within 3 months, a registration announcement will be issued. The validity period of a trademark is calculated from the date of registration announcement.
5. Legal basis: "Trademark Law of the People's Republic of China"
Twenty-eighth Article 1 For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement shall be made.
Article 29. During the examination process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
Article 30: Any trademark applied for registration that does not comply with the relevant provisions of this Law or has been registered or preliminarily approved with others on the same or similar goods If the trademarks are identical or similar, the Trademark Office will reject the application and will not publish it.
Article 31 If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the preliminary The trademark that was applied for earlier will be reviewed and announced; if the application is made on the same day, the trademark that was previously used will be initially reviewed and announced, and other people’s applications will be rejected and will not be announced.
Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register others that have already used it and have certain influence by unfair means. 's trademark.
2. What are the methods for authorizing trademark use
1. You can obtain the right to use a trademark by signing a trademark use authorization contract.
2. Trademark logo: (separate page)
3. Permission period From --year--month--day. After the contract expires, if the use time needs to be extended, Party A and Party B shall renew the trademark use license contract separately.
4. License Party B to use Party A’s trademark in the products it produces.
5. The geographical scope within which Party A permits Party B to use the trademark: within the territory of the People's Republic of China.
6. Rights and obligations of both parties: Party B can use Party A's trademark within the scope of authorization.
7. Legal basis Article 43 of the Trademark Law of the People's Republic of China: "The licensor shall supervise the quality of the goods used by the licensee using its registered trademark; the licensee shall ensure the quality of the goods using the registered trademark." Party B must ensure that during its production Products using Party A’s registered trademarks must comply with national requirements on hygiene, quality, measurement, environmental protection, packaging, industry standards and legal descriptions of the products.
8. Party B shall not arbitrarily change the text, graphics or combination of Party A's registered trademark, and shall not exceed the permitted product scope.Use Party A’s registered trademark.
9. Party B is responsible for production and Party A is responsible for sales.
10. Party A and Party B shall negotiate two months before the expiration of the trademark license contract on whether to continue to authorize the use of the trademark, and re-sign the " Trademark Use Authorization Contract", if the contract is not renewed, it will be terminated automatically.
11. After the termination of the contract, Party B shall not use Party A’s authorized trademarks and logos on the products it produces. Otherwise, Party A has the right to pursue its infringement liability according to law.
12. Conditions for the termination of this contract: The trademark license period has expired and the contract has not been renewed.
13. Party B violated the provisions of the "Trademark Law of the People's Republic of China" and the "Implementation Regulations". After using Party A's registered trademark, its products were shoddy and inferior. Shouting goods as good, deceiving consumers and causing serious damage to Party A's reputation.
14. Other breach of contract.
15. Liability for breach of contract
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