According to the trademark law, a registered trademark may not be retrieved if it has been registered for more than five years, but it is not subject to this time limit for malicious registered trademarks and well-known trademarks. Therefore, when the operator finds that his trademark has been registered, he must take immediate action to remedy it, otherwise he may lose his trademark. 1, for the unauthorized registered trademark, trademark objection; The trademark has been registered but has not been formally approved. At this moment, the operator can make an emergency by raising a trademark objection to oppose the successful authorization of the trademark. It has been stipulated in China's trademark law that any trademark registration must go through several stages: acceptance, preliminary examination, actual examination, announcement, objection and approval of registration. The announcement and trademark objection stage are all three months, during which the operator can put forward opinions against the registration of the trademark. The materials provided by the operator and the evidence collected are true, sufficient and effective. After review, the staff of the Trademark Office will decide whether to take the objection according to the actual situation. 2. For registered registered registered registered registered trademarks, file an application for invalidation of trademarks; If the operator discovers that the registered trademark has obtained the certificate and trademark right later, then the operator can submit an application for invalidation of the trademark to the Trademark Office Review and Adjudication Committee after collecting evidence and fully affirming that the other party is registered as a trademark, and the well-known trademark is not limited by this time. If the party is not satisfied with the evaluation results, the operator can also solve the problem by submitting a lawsuit to the people's court. 3. Spend money to buy a trademark that will be squatted; On the premise that the above two methods are ineffective, operators can try to spend money to buy registered trademarks. As an asset, a trademark is not only protected by intellectual property rights, but also by property rights, and can be inherited, licensed and transferred. Trade in trademarks is a way to transfer trademark rights. However, compared with the above two methods, the operator who buys a trademark needs the consent of the other party, and may also spend a lot of money. Under the agreement reached by both parties, the trademark right can be transferred. 4. Check the usage of the registered trademark of the other party; If a trademark has not been used for three years after registration, any company or individual can apply to the Trademark Office for revocation of the trademark. Therefore, if the operator finds that the registered trademark has the same situation, he can do the same, which is a way to get back his trademark. However, a trademark that has been revoked because it has not been used for three years may not be registered again by any company or individual within one year after revocation. Operators should consider and pay attention to this before submitting an application for trademark revocation. Legal objectivity:
Article 33 of the Trademark Law
Within three months from the date of announcement, The prior obligee or interested party thinks that it violates the second and third paragraphs of Article 13 of the Trademark Law, Article 15 of the Trademark Law, Paragraph 1 of Article 16 of the Trademark Law and the Trademark Law. Or anyone thinks that this law is in violation of Article 4, Article 1, Article 11 and Article 12 of the Trademark Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.
article 45 of the trademark law
paragraph 2 and paragraph 3 of article 13 of the trademark law
, article 15 of the trademark law
, paragraph 1 of article 16 of the trademark law
, < If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.
article 45
where a registered trademark violates the provisions of paragraphs 2 and 3 of article 13, article 15, paragraph 1 of article 16, article 3 and article 31 of this law, the prior obligee or interested party may request the trademark review and adjudication board to declare the registered trademark invalid within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.