It often takes several months for a trademark to be named, designed, searched, applied for, and finally successfully registered. Brand registration is not easy. After getting the brand registration certificate, you should use and maintain it well instead of thinking that everything will be fine after getting the certificate. If it is not used and maintained well, the trademark you get will fly away. How to maintain the trademark after it is successfully registered?
1. Beware of being mentioned as "withdrawal of three"
Article 49, paragraph 2, of the Trademark Law stipulates that "a registered trademark becomes the common name of the goods for which it is approved for use." Or if the trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark." In order to prevent those who "register trademarks just for the sake of registering trademarks", the "Trademark Law" specially sets up the "withdrawal of three" provisions. The purpose is to prevent "waste" and allow trademarks to be truly used reasonably. Therefore, after getting the trademark, you must use it as soon as possible and keep relevant evidence of use to prevent being "withdrawn for three years".
2. Make timely changes and keep them consistent with the registered subject
Article 49, paragraph 1, of the Trademark Law stipulates that “in the process of using the registered trademark, the trademark registrant shall Anyone who changes a registered trademark, registrant's name, address or other registration matters on his own will be ordered by the local industrial and commercial administration department to make corrections within a time limit; if he fails to make corrections within the time limit, the Trademark Office will revoke his registered trademark."
When we use a trademark logo, whether it is a word trademark or a graphic trademark, we must ensure that it is consistent with the registered trademark logo at the time of approval. We can only enlarge or reduce it in proportion, and we cannot change the content of the trademark on our own. and fonts.
At the same time, if the registration information such as the ownership, name or address of the trademark changes, the trademark change should be processed in time, otherwise it may cause huge economic losses to the company. For example, if a trademark is opposed after the company's address is changed, the Trademark Office will mail a defense notice to the company. Because the company has not changed its address, it cannot receive the notice, which will eventually lead to the trademark being revoked, which is not worth the gain.
3. Be careful when authorizing trademark licenses
Trademark owners can license their trademarks to others, but they must comply with regulations, sign a written agreement, and use the same trademark. Apply to the bureau. The licensor shall supervise the quality of the goods used by the licensee using its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.
4. Register copyright for trademarks
If the graphic trademark is an artistic work with high originality, copyright registration can be applied for it. Copyright protects the originality of a work and prevents it from being copied or plagiarized by others to obtain commercial benefits.
5. Apply for a design patent for packaging with a trademark to strengthen protection
If the trademark is used on the outer packaging of the product, you can also apply for a design patent for the outer packaging. Design patents protect the unique design of a product's appearance and prevent others from confusing consumers by counterfeiting the product's appearance.
6. Try not to use unregistered trademarks
Article 23 of the "Trademark Law of the People's Republic of China" stipulates that "registered trademarks need to be outside the approved scope of use" If the exclusive right to use a trademark is obtained for a product, a separate application for registration shall be submitted.” If a registered trademark is not used within the scope of designated goods and services, it is considered a counterfeit registered trademark, which is illegal and can easily be revoked by the Trademark Office.
7. Renew in time to avoid failure
Article 40, Paragraph 1, of the Trademark Law of the People’s Republic of China stipulates that “the registered trademark has expired and needs to be continued. If the trademark is used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; if it fails to do so during this period, a six-month extension period may be granted. The validity period of each renewal registration is ten years. , calculated from the day after the expiration of the previous term of the trademark, if the renewal procedure is not completed at the expiration of the term, the registered trademark will be cancelled."
As the most important part of a company’s intangible assets, trademarks are a powerful legal weapon to protect brands. Trademark registration is not a one-time thing, and the maintenance and management work after obtaining the certificate is also crucial. For applicants, it is more beneficial to prepare for a rainy day than to make amends before the last resort.
If you have other questions about trademarks, please feel free to consult Kuaichuangtong. Kuaichuangtong provides a full range of intellectual property services such as trademark registration, copyright registration, software application, patent operation, and project declaration.