1. What are the provisions of trademark registration and withdrawal
1. The applicant filed a " "To cancel the application for non-use for three years", a fee needs to be submitted to the state. Foreign enterprises or individuals need to entrust a Chinese trademark agency to handle the matter.
2. The applicant needs to submit a "Revocation "Application form for stopping the use of a registered trademark for three consecutive years" and a written explanation of the "non-use" of the trademark.
3. Distribution of burden of proof: "Registered trademarks are not The burden of proof that there has been a cessation of use for three consecutive years shall be borne by the trademark registrant.”
4. The registered trademark becomes the product approved for use If a common name is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark.
5. The three-year period that the evidence should be based on: From the date when the applicant who has not been used for three years (hereinafter referred to as the "three-year withdrawal applicant") submitted the application for withdrawal, the period will be traced back three years.
6. Legal basis: "Trademark Law of the People's Republic of China"
Article 49 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 administration department shall order him to make corrections within a time limit; upon expiration of the time limit, If the trademark is not corrected, the Trademark Office will revoke the registered trademark.
If a registered trademark becomes the common name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the trademark. 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. After successful trademark registration, you need What matters to pay attention to
1. You are not allowed to change the name, address or other registration matters of the registered trademark; if you register If a person's name or address changes, an application for change of registered trademark should be submitted to the Trademark Office in a timely manner.
2. The trademark registrant uses its registered trademark beyond the scope of goods or services approved by the "Trademark Registration Certificate" and indicates the registered logo. Yes, it is an illegal act to pass off a registered trademark.
3. Registered trademarks should be used strictly in accordance with the approved trademark pattern and approved goods or services on the "Trademark Registration Certificate".
4. You are not allowed to change the text font, graphics or combination of registered trademarks on your own; if there are changes, you must resubmit a trademark registration application in accordance with the law. .
5. The trademark registrant can transfer the trademark to others. The transferor and the transferee should sign an agreement and jointly submit a transfer application to the Trademark Office. After the Trademark Office reviews and issues a "Trademark Transfer Certificate", the trademark rights will belong to the transferee..
6. A registered trademark is valid for ten years. If you need to continue to use it, you should apply for renewal with the Trademark Office one year in advance.
7. The trademark registrant has the obligation to use the registered trademark. If a registered trademark ceases to be used for three consecutive years without justifiable reasons from the date of approval, anyone has the right to request cancellation.
8. Registered trademarks can be valued and pledged. In the case of pledge, the pledgor and the pledgee also need to sign a written pledge contract, and jointly submit an application for registration of the pledge to the Trademark Office, and the Trademark Office will make an announcement.
9. A trademark registrant can license others to use its registered trademark by signing a trademark license contract. The licensor shall register and submit the registration materials to the Trademark Office within the validity period of the license contract, and the Trademark Office shall make an announcement. The trademark use license shall not be used against bona fide third parties without registration. The licensee shall ensure the quality of the goods using the registered trademark and must indicate the name of the licensee and the origin of the goods on the goods using the registered trademark.
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