What should I do if someone else makes a trademark of the company name?
Now in the society, companies that register trademarks are basically Internet companies, because they must register their own products to guarantee the rights of their products. If they don't register their trademarks, they will probably infringe others' trademarks without knowing it. So, what if someone else makes a trademark of the company name? Let's take a look at it together. 1. What should I do if someone else makes a trademark of the company name? (1) Make a simple modification on the original basis of the company name. (2) The company name has been used as a trademark for many years, but it has been registered by others, and it can be taken back by means of "trademark objection" and "trademark invalidation". Article 32 of the Trademark Law stipulates: "The application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of trademarks that have been used by others and have certain influence by improper means." (three) the company name has been used as a trademark, whether to continue to enjoy the right to use in good faith. Article 59 of the Trademark Law: Before the trademark registrant applies for trademark registration, if someone else has used a trademark that is identical with or similar to the registered trademark and has certain influence before the trademark registrant, the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require him to attach an appropriate distinguishing mark. More detailed information can provide more accurate legal advice. Second, how to apply for trademark change (1) There are two ways to apply for trademark change: (1) Entrust a trademark agency that has filed with the Trademark Office. (2) The applicant shall go directly to the registration hall of the Trademark Office. (2) To apply for changing the name or address of the trademark applicant/registrant, submit the following documents: (1) Application Form; (2) A copy of the applicant's qualification certificate (such as a copy of the business license of the enterprise, ID card/passport of a natural person, etc.) shall be directly handled in the registration hall of the Trademark Office and the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, and the original shall be returned after comparison; (3) A copy of the ID card of the agent submitted by the applicant directly in the trademark registration hall; Submit the Power of Attorney if it is entrusted to a trademark agency; (4) Certificate of change issued by the registration authority. If the registrant is an enterprise, it shall issue a certificate of change from the registration department of the administrative department for industry and commerce; If the registrant is a public institution, it shall issue a certificate of change from the competent authority of the public institution; If the registrant is a natural person, it shall issue a certificate of change issued by the police station where the household registration is located; (5) To change the address of the trademark applicant/registrant, it is not necessary to submit the certificate of change, except for the transnational change of address. If a natural person changes his/her address across national boundaries, he/she shall submit a certificate of right of abode in the country where the changed address is located. Iii. How long is the protection period of the trademark right? According to Chinese laws, the protection period of the trademark right is ten years. If the trademark right needs to be used continuously after its expiration, it shall apply for renewal of registration within six months before the expiration, and the validity period of each renewal of registration is ten years. Specific terms: Trademark Law of the People's Republic of China (1) Article 37 The validity period of a registered trademark is ten years, counting from the date of approval of registration; (2) Article 38 Where a registered trademark needs to be used continuously after its expiration, it shall apply for renewal of registration within six months before its expiration; Failing to file an application within this period, a six-month grace period may be granted. If the application has not been filed at the expiration of the exhibition period, its registered trademark shall be cancelled; (3) Each renewal of registration is valid for ten years. The above is a detailed introduction for you about how to make a trademark for a company name. To sum up, I remind you that although many entrepreneurs are now considering buying a trademark, the evaluation of trademark value needs professionals to evaluate the various States of the trademark to ensure the rationality of the trademark price.