01. Use the trademark as soon as possible after it is successfully registered
Article 49 of the "Trademark Law" stipulates that "the trademark registrant shall change the registered trademark on his own initiative during the use of the registered trademark." , name, address or other registration information of the registrant, the local industrial and commercial administration department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the Trademark Office shall revoke the registered trademark and become the registered trademark for use. If the common name of a product 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 an extension is required, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. "
Therefore, enterprises should use the trademark as soon as possible after approval and registration, and pay attention to retaining evidence of use (production, processing, sales contracts, etc.) ) to prevent the "withdrawal of three" from being mentioned.
02. When using a trademark, you cannot modify it at will
Article 49, paragraph 1, of the "Trademark Law" stipulates that "the trademark registrant shall change the registered trademark on his own initiative during the use of the trademark." If a trademark is found, the local industrial and commercial administration department will order it to be corrected within a time limit; if it is not corrected within the time limit, the Trademark Office will revoke the registered trademark. "
So when we use a trademark, we must ensure that the trademark's logo is consistent with the time limit. The logo of the approved registered trademark is consistent and can be scaled, but the text and font of the trademark cannot be changed on its own.
03. Changes to the trademark must be made after the trademark registration information changes
Article 41 of the "Trademark Law" stipulates that "a registered trademark requires changes to the name, address or other registration matters of the registrant. Therefore, once a company changes its name or address, it must file a trademark change application as soon as possible.
04. Licensed use of trademarks must be recorded
Article 43, paragraph 3, of the Trademark Law stipulates, “If others are permitted to use their registered trademarks, the licensor shall The license must be filed with the Trademark Office.”?
Trademark rights holders can license others to use their registered trademarks by signing a trademark license contract. The party that is permitted to use someone else's registered trademark should urge the trademark owner to go to the Trademark Office to complete the trademark license filing procedures in a timely manner.
05. File objections as soon as possible if similar trademarks are found
After successfully applying for a trademark, many companies will monitor the trademark in order to promptly discover trademarks that are identical or similar to their own trademarks. Once a similar trademark is discovered, the trademark owner should file an objection as soon as possible to protect his or her legitimate rights and interests from infringement.
06. To expand the scope of application of a trademark, re-registration is required
When applying for a registered trademark, we must apply separately for different categories of goods or services in accordance with relevant regulations. If a successfully registered trademark needs to be used in other categories of goods or services, a separate registration application must be filed.
07. Trademark renewal should be renewed sooner rather than later
Article 49 of the "Trademark Law" stipulates that "a registered trademark becomes the common name of the goods for which it is approved for use or without justifiable reasons." If it has not been used for three consecutive years, 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 shall be approved by the State Council for Industry and Commerce. It can be extended for three months with the approval of the management department. "
"Trademark use" in the sense of trademark law is a prerequisite for realizing the function of trademark identification of the source of goods (services) and determining whether it constitutes trademark infringement.
If the company uses it reasonably and uses it well, the trademark will increase in value as the company develops. If the company uses the trademark in violation of the trademark registration certificate or does not use it directly, the trademark may be revoked. .
After successfully registering a trademark, the applicant should not only regulate the use of his trademark, but also pay attention to protecting his trademark to prevent criminals from taking the opportunity to infringe.