1. What is the formal trademark registration process?
1. Search for trademarks . Before filing an application for registration, the trademark registration applicant or his agent should check whether the trademark applied for is identical or similar to the prior rights trademark;
2 , Examine the form of the trademark;
3. Examine the substance of the trademark;
4. Announcement of the preliminary examination. If no one raises an objection within three months, or if the objection raised is found to be untenable, the trademark will become effective upon completion of registration and a registration certificate will be issued.
5. Legal basis: "Trademark Law of the People's Republic of China" Article 28: For a trademark applied for registration, the Trademark Office shall first receive the trademark registration application If the review is completed within nine months from the date of the document and it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.
2. How to use a trademark to be considered a correct use of a registered trademark
First of all, the trademark should be used in the category to which it belongs. products or services; secondly, the constituent elements of the trademark cannot be changed or split without authorization during the use of the trademark; thirdly, when authorizing others to use the trademark, a trademark license filing is required. In addition, the use of trademarks must comply with laws and regulations.
1. Domestic registration regulations "The use of trademarks referred to in the preceding paragraph includes the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, Or use the trademark for advertising, exhibitions and other business activities." Looking at countries around the worldThere are not many laws that clearly stipulate what the use of a trademark is in legal provisions. In practice, most countries generally identify evidence of use on a case-by-case basis. Several major trademark use certificates that are currently common 1. Large-scale advertising of a trademark is direct and strong evidence of the use of the trademark.
2. License others to use a trademark, and the licensee’s use shall be deemed as use of the trademark, but the registrant shall provide the above-mentioned information to the Trademark Office. Certificate of use and trademark license contract.
3. If the trademark is attached to the goods or their packaging or wrapping in the country solely for the purpose of export, it will also be regarded as the trademark in the country. use.
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