1. What to do if your trademark is used by others

1. Solution to the trademark being used by others:

(1) Negotiate with the other party. You can negotiate with the infringer first, and if you can resolve the matter through negotiation, resolve it calmly;

(2) Collect evidence. Try to collect enough evidence of the other party's infringement. If the trademark is used on a product without permission, the product can be used as one of the evidence;

(3) Request the industrial and commercial administration department for processing . The administrative department for industry and commerce where the trademark infringer is located or the administrative department for industry and commerce where the other party committed trademark infringement;

(4) File a lawsuit in the People's Court. The infringed party may independently choose the place where the infringement occurred or the people's court where the infringer is located to bring a lawsuit.

2. Legal basis: Article 3 of the "Trademark Law of the People's Republic of China"

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks and service trademarks and collective trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

2. How to register a trademark

The process of registering a trademark:

1. Registration preparation. To choose the registration method, you can apply for registration at the Trademark Office of the State Administration for Industry and Commerce yourself or entrust an experienced trademark agency to organize agency services. Before registration, it is best to find a more authoritative query company to conduct pre-registration queries to reduce the risks of trademark registration and improve the certainty of trademark registration.

2. Prepare information. The materials include the trademark drawing, the applicant's ID card, a copy of the business license and submit a copy; and a trademark registration application form with the official seal of the unit.

3. Start applying. Submit applications by category of goods and services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file registration applications according to different categories.

4. The application date is determined based on the date when the Trademark Office receives the application. After the application is submitted, the corresponding trademark review will be conducted. After passing the application, the preliminary review announcement and registration announcement will be made.

5. Receive the trademark registration certificate.