1. What to do if the trademark is registered by others
1. What to do if the trademark is registered by others? Trademarks that have been approved for registration can be opposed.
2. A registered trademark can initiate cancellation procedures.
3. Legal basis: Article 31 of the "Trademark Law of the People's Republic of China", two or more trademark registration applicants in the same category If an identical or similar trademark is applied for registration on goods or similar goods, the trademark applied for first will be preliminarily reviewed and announced; if the application is made on the same day, the trademark previously used will be preliminarily reviewed and announced, and other applications will be rejected and will not be announced. .
2. How to determine that a trademark has been registered in bad faith
1. The applicant seeks unfair benefits, which is subjective. Requirements
"Malicious registration" applicants apply for trademarks that are already used by others as their own. This behavior itself has already infringed upon the rights of others. The fruits of labor, if registered successfully, are tantamount to stealing in a legal way. What is even more serious is that once the registration is successful, the "malicious registration" applicant will take advantage of the right to occupy the registered trademark after becoming the legal owner.
2. The applicant has adopted unfair means, which is the behavioral requirement
Unfair Means means that the trademark registration applicant untruthfully fills in relevant matters in the trademark registration application and the relevant materials provided in an unreasonable or illegal manner. However, it is impossible for the Trademark Office of the State Administration for Industry and Commerce to review the application. The authenticity of the book and related materials will be reviewed.
3. Registration is successful, which is an objective or factual requirement
Only if the registration is successful, "malicious registration" will eventually occur. If during the opposition procedure, the person who has been registered by squatting finds that his trademark has been applied for by someone else, he can file an objection, resulting in an unsuccessful registration. Of course, there is no "malicious registration".
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