The calculation of the time for obtaining the exclusive right to use a trademark is as follows:
1. For a preliminary approved trademark, if there is no objection at the expiration of the three-month announcement period from the date of announcement, the trademark will be approved for registration. , issue a trademark registration certificate and make an announcement. The time for a trademark registration applicant to obtain the exclusive right to use a trademark is calculated from the date of approval of registration.
2. If an objection is raised but is ruled untenable, the registration will be approved, a trademark registration certificate will be issued, and the trademark will be announced. The time for a trademark registration applicant to obtain the exclusive right to use a trademark shall be calculated from the expiration of the three-month period of the preliminary examination announcement.
Procedures for trademark registration:
1. Application. Trademark registration shall be submitted to the Trademark Office of the State Administration for Industry and Commerce by the applicant or his agent in accordance with the law.
2. Preliminary review. If the trademark applied for registration meets the relevant provisions of the Trademark Law, it will be preliminarily reviewed by the Trademark Office and announced.
3. The application is rejected. If the trademark applied for registration does not comply with the relevant provisions of the Trademark Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the trademark application shall be dismissed. The Bureau rejected the application and did not make an announcement.
4. Objection: For a trademark that has been initially approved, anyone can file an objection within three months from the date of announcement.
5. Reexamination: If the trademark registration applicant is dissatisfied with the Trademark Office’s rejection of the application or failure to announce the application, or if the party concerned is dissatisfied with the Trademark Office’s ruling on the objection, he or she may, within fifteen days from the date of receipt of the notice, Apply to the Trademark Review and Adjudication Board for review.
6. In disputes, if a registered trademark is registered, or the registration is obtained by deception or other improper means, any unit or individual may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.
7. Administrative litigation: If the party concerned is dissatisfied with the decision or ruling of the Trademark Review and Adjudication Board, it may file an administrative lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 63 of the "Trademark Law of the People's Republic of China" The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, It can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it can be determined reasonably by referring to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award RMB 5 million based on the circumstances of the infringement. the following compensation.
When hearing trademark dispute cases, the People's Court shall, at the request of the right holder, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed. Ordered to destroy without compensation; or in special circumstances, ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.