Current location - Trademark Inquiry Complete Network - Trademark inquiry - Can a trademark be used during the application period?
Can a trademark be used during the application period?

Use is allowed in trademark applications.

Because a trademark approved and registered by the Trademark Office is protected by law only after it is a registered trademark. Before the Trademark Office approves registration, it is not protected by law. The validity period of a registered trademark is calculated from the date of approval of registration. If a registered trademark becomes the common name of the goods approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

When using a trademark, you must:

1. First of all, a successfully registered trademark complies with the relevant trademark law. While enjoying the protection of the trademark law, it must also comply with certain obligations. After the trademark is successfully registered, the trademark registrant will have the obligation to use the trademark. If a registered trademark has not been used for three consecutive years without justifiable reasons from the date of approval, the trademark will be revoked in accordance with the law;

2. The trademark registrant cannot arbitrarily change any logo of the trademark transfer. The pattern, text or combination of the trademark cannot be modified, and the trademark registrant cannot privately change the name, address or other matters of note of the registered trademark registrant;

3. Trademark owner You have the right to license your trademark to others, but you must go through a proper licensing contract before you can license it to others. The person who is licensed to use the trademark shall register it and submit the registration materials to the Trademark Office within the limited period of the license contract. and be announced by the Trademark Office. Trademark use licenses without registration may not be used against bona fide third parties. The licensee shall ensure the quality of the goods using the registered trademark, and must indicate the name of the licensee and the origin of the goods on the goods using the registered trademark;

4. The trademark owner can also transfer the trademark to others For use, a written agreement should be signed between the transferor and the transferee, and applications should be submitted to the Trademark Office at the same time. The transferee shall guarantee the goods using the registered trademark;

5. If the registered trademark is not used within the specified scope of goods or services, it is counterfeiting the registered trademark and is a trademark violation;

6. Registered trademarks can be renewed. Usually, the validity period of a registered trademark is ten years, starting from the date of trademark approval. If the trademark owner needs to continue to use it after the validity period expires, the trademark owner needs to renew it twelve months before the expiration date. Follow the prescribed procedures to apply for trademark renewal. If you fail to apply for trademark renewal in time during this period, you are allowed to apply within the six-month extension period. The validity period of each renewal registration of a trademark is also ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office will announce the renewed registered trademark again;

7. The trademark owner can pledge the trademark, and the pledgor and the pledgee also need to sign a written pledge contract and ** *Tongxiang Trademark Office files an application for registration of pledge, and the Trademark Office makes an announcement.

In summary, if a trademark is not granted trademark rights during the registration application process, the applicant can exercise the trademark, but it is not protected by law. A trademark must be registered and granted trademark rights before it can be protected by law.

Legal basis:

Article 3 of the Trademark Law of the People's Republic of China

A trademark approved and registered by the Trademark Office is a registered trademark, including Commodity trademarks, service trademarks, 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.