Penalties for irregular use of trademarks

After applying for a trademark, an enterprise cannot use the trademark at will. Irregular use of the trademark means that the actual logo used by the trademark is inconsistent with the logo in the registration certificate. Regarding the penalties for irregular use of trademarks, the editor of Legal Savior Network will give you detailed answers below.

1. How to punish non-standard use of trademarks

1. Enterprises apply for trademarks It is not that you can use the trademark arbitrarily. Irregular use of the trademark means that the actual logo used by the trademark is inconsistent with the logo in the registration certificate. These inconsistencies include inconsistencies in color, inconsistency in fonts, and other unauthorized changes to the Registered trademark logo. Irregular use of trademarks may result in registered trademarks being revoked by the administrative authorities in accordance with the law. If a registered trademark is changed on its own initiative and the use is stopped for three consecutive years, the Trademark Office shall order the trademark registrant to correct or cancel the registered trademark within a time limit. If a trademark registrant uses a registered trademark improperly, in the course of civil litigation, the defendant will often argue that the trademark registrant has not used the trademark for three years and has applied to the Trademark Office to cancel the registered trademark. At the same time, during the civil litigation process, the people's court's determination that the trademark registrant has not actually used the registered trademark will also be used by other interested parties as a basis for applying to the Trademark Office to cancel the registered trademark.

2. Legal basis:

"Trademark Law of the People's Republic of China" 49 Article

If a trademark registrant voluntarily changes the registered trademark, the name of the registrant, the address or other registration matters during the use of the registered trademark, it shall be managed by the local industrial and commercial administration. The department shall order corrections within a time limit; if corrections are not made within the time limit, the Trademark Office shall revoke the registered trademark. If a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. 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.

2. Precautions for the use of registered trademarks

1. The "Trademarks" should be strictly followed.The registered trademark shall be used for the registered trademark approved on the "Trademark Registration Certificate" and for the goods or services approved for use;

2. The text, graphics, and text of the registered trademark should not be changed on your own. Color or combination thereof, as well as changing the name, address or other registration matters of the registered trademark;

3. The trademark registrant shall sign a transfer agreement when transferring a registered trademark. and submit an application to the Trademark Office;

4. The trademark registrant who allows others to use the registered trademark must sign a license contract and submit it to the Trademark Office for record;

5. The trademark registrant has the obligation to use the registered trademark. If the registered trademark is not used for three consecutive years from the date of approval, the trademark may be revoked according to law.

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