under what circumstances do trademarks need to be changed in time?
1. The business registration of the company name has changed;
2. The business registration of the company address has changed;
3. Trademark agency that wants to change its historical entrustment
What are the relevant laws and regulations on trademark change?
trademark law: article 41 where a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed.
article 49: where a trademark registrant changes the registered trademark, the registrant's name, address or other registered items by himself in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, its registered trademark shall be revoked by the Trademark Office.
article 3 of the regulations for the implementation of the trademark law: where the name, address or other registered items of a trademark registrant are changed, an application for change shall be submitted to the trademark office. Where the name of a trademark registrant is changed, the certificate of change issued by the relevant registration authority shall also be submitted. If approved by the Trademark Office, a corresponding certificate shall be issued to the trademark registrant and announced; If it is not approved, it shall notify the applicant in writing and explain the reasons.
where the name or address of a trademark registrant is changed, the trademark registrant shall change all its registered trademarks together; If it is not changed at the same time, the Trademark Office shall notify it to make corrections within a time limit; If it is not corrected within the time limit, it shall be deemed as abandoning the application for change, and the Trademark Office shall notify the applicant in writing.
what are the risks if the trademark is not changed in time?
1. The trademark may lose its trademark right because it fails to reply or fight for the lawsuit in time.
2. It will affect the renewal procedures.
The 1-year validity period of the trademark needs to be renewed in time when it expires. If the name and address of the trademark applicant change and the trademark is not changed in time, it will affect the renewal procedures.
3. Affect trademark transfer or authorize
When an enterprise or individual transfers or authorizes a trademark, the Trademark Office needs to check whether the trademark registration information is consistent with the address and name of the business license. If the name and address of the enterprise where the trademark information is found to be inconsistent, the Trademark Office will reject the application, and it is necessary to apply for change before proceeding with the trademark transfer and authorization.
what should I pay attention to when making trademark changes?
1. When a trademark is changed, all trademarks under the registrant's name need to be changed at the same time, otherwise the Trademark Office will issue corrections.
2. If the address and name of the trademark registrant are changed, they can be changed together and an application can be submitted.
3. If the address of a trademark registrant is changed for many times, the last address can be taken as the standard, and a change can be made.
4. If the applicant's name and address are inconsistent during trademark transfer and renewal, the trademark change and transfer or renewal procedures can be handled at the same time.
successful trademark application is only the first step in trademark operation, and the detailed management of the trademark determines whether the trademark can be operated for a long time. After trademark registration, the right holder should monitor and manage it more carefully, so as to keep his rights stable and provide a solid foundation for the better development and rights protection of enterprises in the later period.