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Article 34 of the Trademark Law

Legal subjectivity:

We all know that trademark law has strict management on the use of trademarks. One is to prevent the abuse of rights and avoid infringing the legitimate rights of other subjects; the other is One is to punish illegal activities during the use of trademark rights. This is what Article 44 of the Trademark Law is like. 1. Anyone who uses a registered trademark in the content specified in Article 44 of the Trademark Law and commits any of the following acts shall be ordered by the Trademark Office to correct or cancel the registered trademark within a time limit: (1) Changing the registered trademark on his own initiative; (2) Changing the registration of the registered trademark on his own initiative (3) Transferring a registered trademark on its own initiative; (4) Stopping use for three consecutive years. 2. Article 44 of the Trademark Law is about the administrative handling of illegal acts of using registered trademarks. 1. Registered trademarks shall not be changed on their own initiative. Trademark registration is the legal basis and necessary legal procedure for obtaining the exclusive right to use a trademark. According to the provisions of this Law, if the use of a registered trademark requires changes in the words, graphics, letters, numbers, three-dimensional logos and color combinations of the registered trademark, as well as the combination of the above elements, it is a change in the object of the trademark right, and a new application for trademark registration must be submitted. Failure to submit an application for re-registration is an act prohibited by this law. In the process of use and management of a specific registered trademark, the registered trademark is not completely unchangeable, but such changes cannot substantially change the constituent elements of the registered trademark, nor can it infringe on the exclusive rights of others to use the trademark. At the same time, if there is a change in the subject matter of trademark rights, a new application for trademark registration must be submitted, otherwise the corresponding legal liability shall be borne. 2. If you change the name, address or other registration information of the registered trademark owner on your own, you must submit an application for change of trademark registration. Failure to submit an application for registration change will not be conducive to the trademark authority's timely grasp of the actual situation of the trademark owner. At the same time, changes in the name, address or other registration matters of the rights owner will also affect the validity of the trademark right. In some cases, an enterprise has gone through the formalities for changing its name, address, etc. at the enterprise registration authority, but has not promptly gone to the trademark authority to go through the formalities for changing the name or address of the trademark registrant. Once it is counterfeited and infringed by others, it will be difficult to receive legal protection. . 3. You are not allowed to transfer registered trademarks on your own. If a legal person, natural person or other organization needs to transfer a registered trademark, he and the transferee *** should submit an application for transfer of trademark registration to the Trademark Office. After the transfer of a registered trademark is approved, it will be announced, and the transferee will enjoy the exclusive right to use the trademark from the date of announcement. Anyone who violates these regulations and transfers on his own will be dealt with in accordance with this article. Transferring a registered trademark is an act of changing a registered trademark in a broad sense, that is, the subject of the trademark right has fundamentally changed. Although the transfer of trademark rights belongs to the category of civil rights, and the parties to the transfer can achieve it through agreement, my country's Trademark Law stipulates relevant procedures, and self-transfer is illegal. 4. Stopped from use for three consecutive years. If a registered trademark is left unused for a long time, not only will the trademark not generate value and exert its functions and effects, but it will also affect the registration or use of others. In fact, it will hinder others from applying for registration of identical or similar trademarks. The law of trademarks The mechanism also loses its meaning of existence. Regarding how to understand the use of trademarks, according to the relevant regulations of our country, using a trademark on goods, product packaging or containers, and commodity transaction documents, for advertising, exhibitions, and other businesses can be considered use, and allowing others to use it can also be considered use. Under the circumstances provided for in this Law, transfer to another person for use may also be considered as use. If there are force majeure reasons or other legitimate reasons for stopping use and it is approved by the Trademark Office, you will not be bound by the provisions of this article. Article 44 of the Trademark Law provides for the administrative handling of illegal activities involving the use of registered trademarks. Regardless of whether you are the exclusive owner or assignee of a registered trademark, you must abide by the regulations on trademark use and management, and while enjoying the rights conferred by the law, you must also perform the relevant obligations conferred by the law. If the party fails to perform its obligations under this article, the Trademark Office may order it to make corrections within a time limit or cancel its registered trademark.