1. How long does it generally take to register a trademark?
1. Trademark applications are usually completed within nine months.
2. Trademark application for registration must go through: trademark inquiry, application submission, application acceptance, substantive examination, registration announcement, registration approval, and certification process. Under abnormal circumstances, it may also be due to external factors. Processes such as rejected applications, rejected reviews, objections, and objection responses occur.
3. Before applying, you must first conduct a trademark search. If there is no identical or similar one before, you can prepare application documents. About 3 months after submitting the application, the Trademark Office will issue an application acceptance notice. Book.
4. The Trademark Office will complete the review within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, it will make a preliminary review announcement. The initial review announcement period is 3 months. If no objection is raised within 3 months, a registration announcement will be issued. The validity period of a trademark is calculated from the date of registration announcement.
5. Legal basis: "Trademark Law of the People's Republic of China"
Article 28 For a trademark applied for registration, the Trademark Office shall first receive the trademark registration application If the review is completed within nine months from the date of the document and it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.
Article 29
During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
Article 30
Any trademark applied for registration does not comply with the relevant provisions of this Law or is the same as a trademark that has been registered or preliminarily approved by others on the same or similar goods. or similar ones, the Trademark Office will reject the application and not publish it.
Article 31
If two or more trademark registration applicants apply for registration of the same or similar trademark on the same goods or similar goods, The trademark previously applied for will be preliminarily reviewed and announced; if the application is made on the same day, the trademark previously used will be preliminarily reviewed and announced, and other applications will be rejected and will not be announced.
Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence.
2. What are the methods for trademark use authorization?
1. You can obtain the right to use a trademark by signing a trademark use authorization contract.
2. Trademark logo: (separate page)
3. The license period ends on --year--month--day. After the contract expires, if the use time needs to be extended, Party A and Party B shall renew the trademark use license contract separately.
4. License Party B to use Party A’s trademark in the products produced.
5. The geographical scope within which Party A permits Party B to use the trademark: within the territory of the People's Republic of China.
6. Rights and obligations of both parties: Party B can use Party A’s trademark within the scope of authorization.
7. Legal Basis Article 43 of the Trademark Law of the People's Republic of China: "The licensor shall supervise the quality of the goods used by the licensee to use its registered trademark; the licensee shall ensure that the use of The product quality of the registered trademark. "Party B must ensure that the products using Party A's registered trademark on the products it produces must comply with the national requirements on hygiene, quality, measurement, environmental protection, packaging, industry standards and legal descriptions of the product. .
8. Party B shall not arbitrarily change the text, graphics or combination of Party A’s registered trademark, and shall not use Party A’s registered trademark beyond the scope of the licensed products.
9. Party B is responsible for production and Party A is responsible for sales.
10. Party A and Party B should negotiate on whether to continue to authorize the use of the trademark two months before the expiration of the trademark license contract. If they continue to use the trademark after expiration, they will re-sign the "Trademark Use Authorization Contract". If they do not renew the contract, Self-termination.
11. After the contract is terminated, Party B shall not use Party A’s authorized trademarks and logos on the products it produces. Otherwise, Party A has the right to pursue its infringement liability according to law.
12. Conditions for the termination of this contract: The trademark license period has expired and the contract has not been renewed.
13. Party B violated the provisions of the "Trademark Law of the People's Republic of China" and the "Implementation Regulations". After using Party A's registered trademark, its products were shoddily manufactured, passed off as inferior, and deceived consumers. and constitute serious damage to Party A’s reputation.
14. Other breach of contract.
15. Liability for breach of contract