The trademark is still being applied for and whether it can be used
Can be used.
Use while applying. This is what many companies will do. This method is also the method recommended by intellectual property rights, that is, regardless of whether you obtain the registration certificate, you can start using it from the date of application or before the date of application. The biggest disadvantage of this method is that when the trademark application is rejected, not only a lot of manpower, material and financial resources are spent in the one-year use process, but a year's hard work is wasted, and the brand that is already in use has to be removed from the shelves. Even re-adjustment is undoubtedly a heavy blow to the company.
However, according to the trademark law, the protection of prior commercial The legislative spirit is to coordinate the rights and interests of signs with the maintenance of market order. The examiner fully respects the market reality that the relevant public has objectively distinguished the relevant commercial signs, and focuses on maintaining the established and stable market order. Therefore, the advantage of this method is that in the relief path of rejection review, due to the large number of trademarks being put into use and the stable market relationship formed, they are often recognized by the Trademark Review and Adjudication Board. Therefore, even if the trademark is rejected at the trademark authorization stage, the There is still the possibility of turning defeat into victory during the power confirmation stage.
Why is it recommended to use while applying
Because trademarks have a blind period
Trademarks For business operators, the blind period is the key to the success or failure of their trademark registration. The blind period of a trademark refers to the time from the submission of the application to the display on the Trademark Office website. The reason for the blind period is that the number of domestic trademark applications is large, and the trademark The bureau has limited staff, resulting in data accumulation and not publishing it into the database of the website as soon as possible. As a result, some trademark information that may be the same as or similar to yours cannot be queried before you apply.
Therefore, when applying for trademark registration, there is no 100% success, only a comparison of the risk. This is a reality that any company that needs to register a trademark must recognize.To sum up: careful design and good use. For customers who need to apply for trademarks for new products or new business content, the probability that the original trademark will be similar to others is generally very low. In addition, in terms of trademark design We must put in enough effort, and trademark design can be said to be the most direct way to avoid risks during the trademark registration process.
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