1. What is the registration process for solid beverage trademarks
(1) Solid beverage Beverage trademark registration has the following procedures: application;
(2) acceptance;
(3) ) preliminary review. The review shall be completed within nine months from the date of receipt of the trademark registration application documents;
(4) Approval of registration. If there is no objection within three months from the date of preliminary examination announcement, the registration shall be approved, a trademark registration certificate shall be issued, and the trademark shall be announced.
2. Legal basis:
"Trademark Law of the People's Republic of China" Article 22 Article 1 An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.
Article 28: For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application document, and shall comply with this provision. If the relevant provisions of the law are met, a preliminary review and announcement will be made.
Article 33: For a trademark that has been initially approved and announced, within three months from the date of announcement, if the prior rights holder or interested party believes that the trademark violates this The provisions of paragraphs 2 and 3 of Article 13, paragraph 1 of Article 15, paragraph 1 of Article 16, Article 30, Article 31, and Article 32 of the Law, or any person who believes that there is a violation of Article 4, Article 10, Article 11, Article 12, and Paragraph 4 of Article 19 of this Law may apply to a trademark The Bureau objected. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
2. How to punish trademark infringement
For infringement of the exclusive rights of registered trademarks, the industrial and commercial administrative authorities may take the following measures to impose penalties.
(1) Order to stop infringement
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①Order to stop sales immediately;
②Confiscate and destroy infringing goods;
③Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.(2) Imposing a fine
(3) The industrial and commercial administrative department that mediates and handles the amount of compensation for infringement of the exclusive right to use a trademark may, at the request of the party concerned, pay a fine for infringement of the exclusive right to use a trademark. If the mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.
1. The local industrial and commercial administration department shall order corrections and impose a fine of RMB 100,000. Fine. If the party concerned is dissatisfied with the Trademark Office's decision to revoke or not revoke a registered trademark, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall apply within nine months from the date of receipt of the application. Make a decision within three months and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If the party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it can be extended from the date of receipt of the notice. File a lawsuit with the People's Court within thirty days.
2. If you find that your trademark has been infringed by others, you can first negotiate with the other party for compensation; if the negotiation fails, In this case, apply directly to the People's Court for civil litigation to request the cancellation of the other party's trademark.
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