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The trademark is being applied for. Can others still apply?

1. Can others use the trademark being registered? 1. According to the relevant laws of our country, the trademark being registered can be used by others. However, if the trademark being registered is within the announcement period, it cannot be used. If a well-known trademark is currently registered, others cannot use it. 2. Legal provisions: Article 13 of the "Trademark Law of the People's Republic of China" If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this law. If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, registration will not be granted and use will be prohibited. Article 33 For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights holder or interested parties believe that it violates paragraphs 2 and 3 of Article 13 and Article 15 of this Law. , Article 16, Paragraph 1, Article 30, Article 31, and Article 32, or any person believes that Article 4, Article 10, Article 11, Article 10 of this Law has been violated Article 2 and Article 19, paragraph 4, may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

2. What is the trademark registration application process? 1. Confirmation of trademark category: Trademarks are divided into 45 categories. To confirm the registration category according to the purpose of the trademark, you can contact the customer service of the Trademark Office for category confirmation; 2. Trademark search, You can contact the Trademark Office customer service to search the trademark to avoid duplication of names and reduce the risk of rejection (the search is free, has no legal effect, and the search results are for reference only); 3. Submit a registration application, either directly on the Trademark Office platform or through entrustment Other agencies will handle it on your behalf; 4. Pay the trademark application fee; 5. The Trademark Office will issue the application form (application supporting documents) on the next working day; 6. Issue an electronic acceptance notice (sent to the reserved email address) 15-30 About 2 working days; 7. Issuance of the preliminary announcement notice (about 5-7 months); 8. Entering the publicity period (3 months) 9. The electronic registration certificate is issued about 1-2 months after the end of the publicity period10 , The paper registration certificate will be issued about 1 month after the electronic registration certificate is issued (the total application period is about 12-18 months). The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, registration is in progress. Others can use the trademark, but if the trademark being registered is within the announcement period, it cannot be used. If it is a well-known trademark currently registered, others cannot use it. If you need legal help, please feel free to seek legal consultation.