Trademark law refers to the general term for the legal norms that regulate various social relationships that occur during the registration, use, management and protection of trademark exclusive rights. All social relationships that occur during the process of trademark registration, trademark use and transfer, trademark management, and sanctions against anti-trademark laws are all targets of trademark adjustment.

The basic principles of my country’s trademark law are:

(1) The principle of combining voluntary registration and compulsory registration;

(2) Protection of the exclusive right to registered trademarks Principles;

(3) Principles of protecting consumer interests;

(4) Principles of unified registration and hierarchical management;

(5) Comprehensive review and the first-to-apply principle.

1. Trademark registration procedure

In my country, trademark registration must follow the following procedures:

1. Application for trademark registration

Trademark Registration applicants applying for trademark registration must fill in a trademark registration application form and submit a trademark drawing in the prescribed format. If you apply for registration of a drug trademark, you should attach the certification documents issued by the health administrative department. Products that require approval from the relevant competent authorities before they can be produced must submit a production license issued by the competent authorities. At the same time, applicants must also pay the application fee as required.

2. Principles of trademark registration

(1) When applying for trademark registration, the principle of five applications for one type of goods and one trademark shall be implemented. That is, no two applications shall be filled in in one application. For one or more trademarks, one application can only apply for registration of one trademark; if the same applicant uses the same trademark on different categories of trademarks, he should file separate registration applications according to the trademark classification.

(2) Trademark registration adopts the principle of combining voluntary registration and compulsory registration. For example, if you use medicines, cigarettes, etc., you must use a registered trademark to enter the market. The registration of trademarks used by other products is voluntary.

(3) Trademark registration adopts the principle of first to apply and first to use. If two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first will be initially reviewed and announced. If two or more applicants apply for registration of the same or similar trademark on the same goods or similar goods on the same day, each applicant shall submit the first application within a time limit according to the notice of the corresponding trademark office. An indication of the date of first use of the trademark, preliminary approval and announcement of the trademark used earlier. If they are used on the same day or are not used at all, the applicants should coordinate. If the negotiation fails to reach an agreement for more than 30 days, the Trademark Office will make a decision.

3. The review and approval of trademark registration must go through two levels of verification, formal review, substantive review, announcement, approval and reexamination.

(1) Bipolar nuclear transfer. That is, the industrial and commercial administrative departments at the city and county levels will first conduct a preliminary review of the documents submitted by the applicant for trademark registration, and then submit them to the industrial and commercial administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government for review. After the two-level review and approval, they will then be submitted to the National Trademark Office. review.

(2) Formal review of trademark registration. After the State Trademark Office accepts the registration, it will first conduct an examination, mainly to examine whether the trademark registration application meets the legal conditions and procedures. After formal examination, if it is found that it does not comply with the provisions of the Trademark Law, the Trademark Office will reject the application or submit additional documents within a time limit; if it is deemed that it meets the regulations, it will be transferred to substantive examination.

(3) Substantive review of trademark registration. The National Trademark Office conducts qualitative review of accepted trademark registrations mainly from the following aspects:

① Review whether the trademark components comply with legal provisions;

② Review whether the words and graphics used in the trademark Have distinctive features, that is, all words, graphics or the combination of the two should be unique or identifiable, novel and unique;

③Review whether the words and graphics used are prohibited for use Text and graphics;

④ Review whether the trademark applied for registration is identical or similar to a registered or preliminarily approved trademark used on the same or similar goods;

⑤ Review whether the trademark applied for registration Whether the trademark conflicts with design rights or other rights.

(4) Announcement, approval and review.

If the trademark applied for registration passes the preliminary review, the State Trademark Office will publish the "Trademark Announcement". Within 3 months from the date of announcement, if there is no objection, or if the objection is ruled to be untenable, the objection will expire after the expiration of the objection period. After the registration is approved, a trademark registration certificate is issued, and the "Trademark Announcement" is published again, the trademark registration applicant obtains the exclusive right to trademark. If the objection is determined to be true, the trademark announcement will be revoked and registration approval will not be granted.

2. Use and management of trademarks

1. Renewal of registered trademarks

Renewal of registered trademarks refers to the extension of the validity period of registered trademarks. According to the provisions of my country's Trademark Law, trademark registration can be renewed continuously, and each renewal is valid for 10 years.

2. Transfer of a registered trademark

The transfer of a registered trademark shall be subject to a written contract signed by the transferor and the transferee. Applications shall be submitted to the Trademark Office at the same time and shall be granted upon approval. After the announcement, the assignee has obtained the exclusive right to the trademark and becomes the owner of the registered trademark.

3. License to use registered trademark

License to use registered trademark means that the trademark registrant allows others to use its registered trademark by signing a trademark license contract. According to the trademark license contract, the licensee only enjoys the right to use the trademark, and the ownership of the trademark still belongs to the trademark registrant.

4. Management of trademark use

The management of trademarks in my country implements the principles of centralized registration and hierarchical management. The State Trademark Office is responsible for the centralized registration and comprehensive management of trademarks nationwide. Local industrial and commercial administrations at all levels The Trademark Office of the administrative department is responsible for the preliminary review and verification of registration, as well as the supervision and inspection of daily use. The National Trademark Office and local industrial and commercial administrative departments manage the use of registered trademarks and unregistered trademarks:

(1) Illegal acts of using registered trademarks shall be ordered by the industrial and commercial administrative departments at all levels according to different circumstances. The trademark owner must make corrections within a time limit and may be notified or fined, or the registered trademark may be revoked by the Trademark Office.

(2) If an unregistered trademark is used to pass off a registered trademark, uses words, graphics or combinations thereof prohibited by the trademark law, produces shoddy goods, or deceives consumers with shoddy goods, the local industrial and commercial administration shall The department has the right to stop it, make corrections within a time limit, and may notify criticism or impose fines

Supplementary answer

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