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What obligations does a trademark holder have to fulfill when using a trademark?

Trademarks are of great significance to a merchant or an enterprise. Trademark owners have certain rights to their own trademarks. Others who want to use this trademark must first obtain the trademark owner's authorization. Agree, otherwise you will bear the consequences of infringement due to unauthorized use of other people's trademarks. However, while enjoying certain rights under the trademark, the trademark owner also has certain obligations towards the trademark. So, what obligations does a trademark holder have to fulfill when using a trademark?

What obligations does a trademark holder have to fulfill when using a trademark?

First, registered trademarks must not be changed without authorization. Article 44 of my country’s Trademark Law stipulates that trademark registrants are not allowed to change registered trademarks on their own initiative. Article 22 of the Trademark Law stipulates: “If a registered trademark needs to change its sign, a new registration application shall be submitted.” Changing the sign of a registered trademark on your own and using the changed trademark as a registered trademark is prohibited by law. .

Second, you are not allowed to change the name, address or other registration matters of the registered trademark on your own. Article 44 of the Trademark Law stipulates that if the registrant's name, address or other registration information is changed on his own initiative, "the Trademark Office shall order him to correct or cancel his registered trademark within a time limit."

Third, registered trademarks are not allowed to be transferred by oneself. Trademark rights are special civil rights approved and granted by the national competent authorities in accordance with legal procedures. The subject of the transfer and the content of the transfer must comply with the law. The two parties involved in the transfer of a registered trademark may reach an agreement on the transfer of a registered trademark through negotiation, and the transfer shall be approved by the trademark authority. If a registered trademark is transferred on its own, Article 44 of the Trademark Law stipulates that “the Trademark Office shall order it to correct or cancel its registered trademark within a time limit.”

Fourth, a registered trademark must be used. The use of trademarks includes using trademarks on goods, product packaging or containers, and commodity transaction documents, or using trademarks in advertising, exhibitions, and other commercial activities. Article 44 of the "Trademark Law" stipulates that "if the use of a registered trademark has been stopped for three consecutive years", the trademark registration shall be revoked by the Trademark Office. Paragraph 2 of Article 39 of the "Regulations for the Implementation of the Trademark Law" stipulates that if the use of a registered trademark has been suspended for three consecutive years, "any person may apply to the Trademark Office to cancel the registered trademark."

If you have any questions about trademark registration related matters, please feel free to log in to Zhejiang Bajie Intellectual Property Trademark Transfer Network to discuss with us. If relevant industries need trademark registration or trademark transactions, you can also log in to the Zhejiang Bajie Intellectual Property Trademark Transfer Network to view more quality trademark recommendations.