First of all, there are two ways to apply for a trademark:
(a) directly submit the application documents to the State Trademark Office;
(2) To apply for trademark agency, you only need to give the other party a certain agency fee, which is the way most people choose at present.
Second, can goods with expired trademarks still be sold?
You can continue to sell under the following circumstances:
(a) with the permission of the trademark owner;
(2) It is clearly stipulated in the trademark use right agreement that after the expiration of the trademark use right license, the inventory goods can continue to be sold;
(3) reaching a new supplementary agreement with the trademark owner on the inventory products.
If there is no such license or agreement, it is suspected of infringing the exclusive right to use a trademark. Trademark owners may be investigated for tort liability.
If the stock is not large, it is best to negotiate.
3. What is the cost of trademark infringement litigation?
In civil cases of intellectual property rights, if there is no dispute about the amount or price, each piece will cost 500 yuan to 1 000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
Property cases shall be paid in installments according to the amount or price claimed by the lawsuit;
(1) If the amount does not exceed 10000 yuan, 50 yuan shall be paid for each payment;
(two) more than 654.38 million yuan to 654.38 million yuan, according to 2.5% to pay;
(three) more than 654.38 million yuan to 200 thousand yuan, according to 2% to pay;
(4) For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
(five) the part of more than 500 thousand yuan to 6.5438+0 million yuan shall be paid at 654.38+0%;
(six) the part of 6.5438+0 million yuan to more than 2 million yuan shall be paid by 0.9%;
(seven) more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
(eight) more than 5 million yuan to 6.5438 million yuan, according to 0.7% to pay;
(9) 0.6% shall be paid for the part from 6,543,800 yuan to more than 20 million yuan;
(ten) more than 20 million yuan, according to 0.5% to pay.
If you want to continue to sell the goods in stock after the trademark expires, you must negotiate with the trademark owner. If trademark infringement litigation is involved, the litigation cost is generally between 500 yuan and 1000 yuan.
legal ground
Article 3 of the Trademark Law of People's Republic of China (PRC)
Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.
Article 22 of the Trademark Law of People's Republic of China (PRC)
The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table and apply for registration.