1. Under what circumstances will a trademark be revoked
1. According to relevant laws It stipulates that if a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administrative department shall order him to make corrections within a time limit; if he fails to make corrections within the time limit, the Trademark Office shall revoke his Trademark.
2. Legal basis:
"Trademark Law of the People's Republic of China" 45 Article 11: If a registered trademark is used and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the industrial and commercial administration departments at all levels shall, depending on the circumstances, order corrections within a time limit, and may notify or impose a fine, or the Trademark Office may revoke the registration. trademark.
"Trademark Law of the People's Republic of China"Article 37, registered trademark The validity period is ten years, calculated from the date of approval of registration.
"Trademark Law of the People's Republic of China"Article 38, Validity Period of Registered Trademarks If the registration expires and you need to continue using it, you should apply for renewal of registration within six months before expiration; if you fail to apply during this period, you can be given a six-month extension period. If an application has not been made before the extension period expires, the registered trademark will be cancelled.
2. What are the principles for trademark application?
There are the following five principles:
1. The principle of combining voluntary registration and compulsory registration
The so-called voluntary registration principle means that the trademark owner shall, according to his own needs and wishes, Decide on your own whether to apply for trademark registration.
The so-called compulsory registration principle refers to the state’s regulations on all trademarks used by producers and operators on certain goods or services. Mandatory regulations that must be registered in accordance with the law before use.
2. Registration principles
The so-called The registration principle means that the trademark owner must obtain approval for registration of his trademark in order to obtain confirmation of the exclusive right to the trademark.
3. National unified registration principle
means that China's trademark registration must be uniformly reviewed and approved by the national trademark authority. Article 2 of the "Trademark Law" clearly stipulates that "the State Administration for Industry and Commerce shall The Trademark Office of the administrative department is responsible for the national trademark registration and management work."
4. The first-to-application principle (also known as the first-to-registration principle)
The so-called first-to-file principle means that when two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the registration application must be filed before The earlier trademark and applicant obtains the exclusive right to use the trademark, and the later trademark registration application will be rejected.5. The principle of prior use
Refers to the principle of the first user to obtain trademark registration when it is impossible to confirm the prior application (registration).
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