1. Is trademark registration troublesome?
Trademark registration can be handled in person, but the procedures are relatively cumbersome and time-consuming; on the other hand, You can seek professional agency assistance in registration, which can shorten the application time to a certain extent.
If you apply for trademark registration in your own name, you must submit personal identification documents and A copy of the business license of an individual industrial and commercial household, and the above copy should be confirmed with the seal of the unit.
You also need to provide text or pattern samples of the trademark. If color protection is involved, you should also provide Comes with color pattern swatches.
At the same time, the categories of goods or services to be registered must also be listed in detail, with specific contents. This can be filled in with reference to the products the applicant operates or the types of services it provides.
The entire process of trademark registration is roughly as follows: First, submit an application (usually 1 Completed within working days); secondly, receive the acceptance notice (about 20 working days later); then enter the trademark substantive examination stage (which takes about 6 months); Then enter the announcement period (about 3 months); Finally, the trademark registration certificate is issued.
Article 22 of the Trademark Law
Trademark registration applicants 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 documents, and shall comply with this Law If there are relevant provisions, a preliminary approval announcement will be made. Article 33
For trademarks that have been initially approved and announced, the Within three months, the prior right holder or interested party believes that the violation of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30 and Article 30 of this Law is Article 1 and Article 32, or if any person believes that the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, Paragraph 4 of this Law have been violated, he may file a complaint with the Trademark Office Raise objections. 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. Can I still sue for trademark infringement after 2 years of selling goods?
The statute of limitations for trademark infringement is set at two years. This statute of limitations starts from the date when the trademark registrant or interested owner knew or should have known that the infringement occurred.
If the trademark registrant or interested party files a lawsuit beyond the two-year limitation period, and the lawsuit is filed in the court At the time of trial, if the infringement has not stopped or even continues, then the infringement occurred within the validity period of the exclusive right to use the registered trademark, and the People's Court should make a ruling that the defendant must immediately stop the infringement.
As for the calculation method of the amount of damages for infringement, the injured party should file a lawsuit in court in accordance with the law. From that date, the calculation will be carried out two years back.
Disputes caused by trademark infringement do not have to be resolved through litigation. Both parties can also Negotiate and reach a settlement on your own; or choose to complain to the industrial and commercial administration department and request it to impose administrative penalties on the infringer.
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