Article 3 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China changes the name, address or other registered items of a trademark registrant, an application for change shall be submitted to the Trademark Office. Where the name of a trademark registrant is changed, the certificate of change issued by the relevant registration authority shall also be submitted. If approved by the Trademark Office, a corresponding certificate shall be issued to the trademark registrant and announced; If it is not approved, it shall notify the applicant in writing and explain the reasons.
when an enterprise or individual transfers or authorizes a trademark, the Trademark Office will check whether the information registered in the trademark is consistent with the address and name of the business license. If the name and address of the enterprise whose trademark information is found to be inconsistent, the Trademark Office will reject the application, and it is necessary to apply for change before going through the formalities of trademark transfer and authorization.
2. It is possible that the trademark will be revoked by others
If the registered trademark in the second paragraph of Article 49 of the Trademark Law of the People's Republic of China becomes the common name of the goods it has 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 for cancellation of the registered trademark.
It is not difficult to see from the law that any individual or unit has the right to apply for cancellation of a registered trademark if it is discontinued for three consecutive years. If the Trademark Office receives an application for revocation of a trademark that has not been used for three years, it will send a notice to the trademark registrant, and the address of the notice is based on the address provided by the trademark registrant. If the enterprise has moved and cannot receive the notice, the trademark registrant cannot provide evidence of trademark use during the proof period, and the Trademark Office will issue a document to revoke the trademark.
3. Entering a shopping mall or online shopping mall will be affected
Generally, when entering a shopping mall or online shopping mall, you need to check the trademark information and the name and address of the business license. If the information is inconsistent, you cannot enter a shopping mall or online shopping mall.
4. The name and address of the trademark are not changed in time when dealing with pledge and other businesses, and the approval is also affected when dealing with bidding, banking, trademark pledge and other businesses.
5. It affects the subsequent renewal of the trademark.
The use period of the trademark is 1 years. If it is still needed after the expiration, it needs to be renewed. When renewing the trademark, it is necessary to check the trademark information. It is found that the name and address of the trademark have not been changed. The closer the trademark period is, the more troublesome and long the formalities will be, which will lead to the failure to renew the trademark. Once the trademark expires, if you want to re-register, someone may have applied in advance.
what should I pay attention to when changing a trademark?
1. When a trademark is changed, all trademarks under the registrant's name need to be changed at the same time, otherwise the Trademark Office will issue corrections;
2. If the address and name of the trademark registrant are changed, they can be changed together and an application can be submitted;
3. If the address of a trademark registrant is changed for many times, the last address can be taken as the standard, and a change can be made;
4. If the address of the trademark transfer and renewal is inconsistent, the trademark change and transfer or renewal procedures can be handled at the same time.
what materials do you need to change the name/address of a trademark applicant?
1. A copy of the business license of the enterprise
2. An application power of attorney with official seal
3. A certificate of change issued by the registration authority (required to change the name).