1. If the store name is registered as a trademark, others cannot use it
If a merchant successfully registers its store name as a trademark, it will be trademarked nationwide. Other operators are not allowed to use or register trademarks that are identical or similar to this trademark on products of the same or similar category. This constitutes unauthorized infringement.
According to the relevant provisions of my country's current "Trademark Law", once a trademark obtains national After the relevant department formally approves the registration, no one else may reuse or register this trademark or a trademark that is very similar to it on the same or similar products.
The reason is that the Registered Trademark has exclusive rights, while other operators have Without the permission of the trademark owner, unauthorized use or registration of a trademark-like logo may confuse consumers and even damage the legitimate economic rights and interests of the trademark owner.
After the store name is successfully registered as a trademark, the actual business activities of each operator In the process, you should try to avoid using the same or similar names to prevent infringement of the exclusive rights of this trademark.
《TrademarkLaw"
Article 6: Goods that must use registered trademarks according to laws and administrative regulations, You must apply for trademark registration. If the registration is not approved, it shall not be sold in the market.
Article 44 A registered trademark violates Article 4 of this Law, Article 10, Article 11, Article 12, Article 19, Paragraph 4, or if the registration is obtained by deception or other unfair means, the Trademark Office shall declare the registered trademark invalid;
Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing.
If the Party concerned is dissatisfied with the decision of the Trademark Office, he or she may start from the Date of receiving the Notice Apply to the Trademark Review and Adjudication Board for review within fifteen days.
The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application. decision and notify the parties in writing.
If there are special circumstances that require extension, it can be extended with the approval of the industrial and commercial administration department of the State Council Three months.
If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or she may file a request from the date of receipt of the notice. File a lawsuit with the People's Court within thirty days.
If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing, and submit a defense within a time limit
The Trademark Review and Adjudication Board shall start from the date of receipt of the application. Make a decision to maintain the registered trademark or declare the registered trademark invalid within three months, and notify the parties in writing
If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.
If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.
2. How much does the trademark transfer process and fees cost
When undergoing trademark Ownership change procedures, usually RMB is paid to the State Intellectual Property Office One thousand yuan as transfer fee
If the request is approved by the State Intellectual Property Office. If an agency handles the matter on your behalf, you will also need to pay the corresponding agency service fee.
The basic steps for transferring trademark ownership are as follows: First, material preparations should be done.
Necessary documents including change application, product or service manual, ownership transfer agreement and initial trademark registration certificate need to be submitted .
Submit the above completed materials to the State Intellectual Property Office.
After it is approved, you can receive the certificate of change of trademark ownership
Third, apply for announcement.When the trademark transfer application is approved and filed, the State Intellectual Property Office will publish announcement information on the proprietary trademark announcement page, and the publicity period is set to three months.
Finally, objections will be accepted during the announcement period
At this stage, if no one objects to the transfer and all objections have been rejected, the trademark ownership The change process is concluded successfully.
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