Article 49 of the Trademark Law stipulates that "if a trademark registrant changes the registered trademark, the name and address of the registrant or other registered items without authorization 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.
Any unit or individual may apply to the Trademark Office for the cancellation of a registered trademark if it becomes the common name of a commodity approved for use or if it is not used for three consecutive years without justifiable reasons. The Trademark Office shall make a decision within nine months from the date of receiving the application. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. "
Therefore, enterprises should use the trademark as soon as possible after it is approved and registered, and pay attention to retaining the evidence of use (production, processing, sales contracts, etc.). ) to prevent being withdrawn.
02. When using a trademark, you can't modify it at will.
Paragraph 1 of Article 49 of the Trademark Law stipulates that "if a trademark registrant changes its registered trademark 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, the Trademark Office shall revoke its registered trademark. "
Therefore, when using a trademark, we must ensure that the logo of the trademark is consistent with the logo of the registered trademark at that time, which can be scaled in proportion, but we cannot change the text and font of the trademark by ourselves.
03. Change the trademark after changing the trademark registration information.
Article 4 1 of the Trademark Law stipulates that "if a registered trademark needs to change the name, address or other registered items of the registrant, an application for change shall be filed." Therefore, once an enterprise changes its name or address, it must apply for trademark change as soon as possible.
04. Trademark license must be filed.
Paragraph 3 of Article 43 of the Trademark Law stipulates that "if another person is licensed to use his registered trademark, the licensor shall report the trademark license to the Trademark Office for the record." ?
A trademark owner may authorize others to use his registered trademark by signing a trademark license contract. The party licensed to use another person's registered trademark shall urge the trademark owner to go to the Trademark Office for trademark licensing and filing in time.
05, find similar trademarks and raise objections as soon as possible.
Many enterprises will monitor their trademarks after successful application, so as to find the same or similar trademarks with their own trademarks in time. Once a similar trademark is found, the trademark owner should raise an objection to it as soon as possible to protect his legitimate rights and interests from infringement.
06. Expand the scope of application of trademark re-registration.
When applying for a registered trademark, you must apply separately according to different categories of goods or services in accordance with relevant regulations. If a successfully registered trademark needs to be used on other kinds of goods or services, it needs to be registered separately.
07. Trademark renewal should be sooner rather than later.
Article 49 of the Trademark Law stipulates that "any unit or individual may apply to the Trademark Office for cancellation if a registered trademark becomes the common name of a commodity approved for use by it or is not used for three consecutive years without justifiable reasons. The Trademark Office shall make a decision within nine months from the date of receiving the application. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. "
"Trademark use" in the sense of trademark law is the premise of realizing the trademark recognition function of goods (services) and judging whether it constitutes trademark infringement.
If enterprises use it reasonably and skillfully, the value of trademarks will increase with the development of enterprises. If the enterprise uses it illegally or does not use it directly after obtaining the trademark registration certificate, then the trademark may be revoked.
After successful trademark registration, the applicant should not only standardize the use of his own trademark, but also pay attention to protecting his own trademark to prevent criminals from taking the opportunity to infringe.