Whether or not the enforcement of the trademark

Updated on society 2024-02-09
4 answers
  1. Anonymous users2024-02-05

    Application method: You can go to the registration hall of the Trademark Office (Beijing) in person to handle it, or you can entrust the trademark ** agency to handle it. Documents required for application:

    1. Trademark drawings are required; 2. The scope of goods or services to be used by the registered trademark; 3. Identification documents: aCompany application:

    A copy of the company's business license is required; b.For individual applications: a copy of the business license and personal ID card of the individual industrial and commercial household is required.

    Application fee: 1,000 yuan official fee to the Trademark Office, and about 700 yuan to the ** agency if it is entrusted to handle it. Application Procedure:

    1. Check the trademark first, if there is no same or similar before, you can make the application documents and submit the application; 2. About 10-20 days after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application (this period is called the formal examination stage). 3. After the formal examination is completed, it will enter the substantive examination stage, which will take about one to one and a half years. 4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period); 5. At the expiration of the announcement period, no objection is raised.

    You can get the registration certificate. I can check it for you for free.

  2. Anonymous users2024-02-04

    I can help you find out which region you are in.

  3. Anonymous users2024-02-03

    "Enforceable" refers to the act of a party with rights under an effective legal document requesting the people's court to enforce it in accordance with law in order to realize its lawful rights because the obligor refuses to perform its obligations within the time limit.

    The conditions for applying for enforcement are as follows:

    1. The legal bridge on which the application for enforcement is based has taken legal effect and has enforcement content.

    2. The time limit for performing obligations stipulated in the legal document has expired, and the obligor has not yet fulfilled the obligation.

    3. The application must be submitted within the prescribed application execution period.

    4. An application shall be made to the people's court with jurisdiction.

    1. What are the subjects of trademark rights?

    1) Enterprises and public institutions: enterprises must be industrial and commercial enterprises registered in accordance with the law and can independently bear civil liability; Public institutions must have legal personality;

    2) Social groups: social groups that provide services or are approved to produce, manufacture, process, select, or distribute goods that need to use trademarks;

    3) Individually-owned businessmen who have obtained industrial and commercial registration in accordance with the law and can independently bear civil liability;

    4) Individual Partnership:

    5) Foreigners or foreign enterprises (if they apply for trademark registration in China, they shall be handled in accordance with the agreement signed between the country to which they belong and China, or the international treaties to which China is a party, or in accordance with the principle of reciprocity). To sum up, according to the current trademark law, foreign natural persons (including those outside the mainland) can apply for registered trademarks in China, while natural persons in China are currently not allowed to apply for trademark registration or be licensed to use the registered trademarks of others.

    2. Can the trademark right be inherited?

    China's Trademark Law stipulates that the validity period of a registered trademark is 10 years, calculated from the date of approval of registration; It can be renewed upon expiration of the validity period, and the validity period of each renewal registration is 10 years; The exclusive right to use a registered trademark can be transferred; The trademark registrant may sign a trademark license contract to license others to use the trademark; When the exclusive right to use a trademark is infringed, the trademark registrant may request the administrative authority for industry and commerce to deal with it, or it may directly file a lawsuit with the people's court to request that the infringement be stopped, the impact eliminated and the losses compensated.

    The trademark right applied for registration by a sole proprietor is a property right. If the trademark registrant dies during the validity period of the trademark, his heirs shall promptly report to the Trademark Office, change the trademark registration and change the name of the registrant, and become the new registrant, that is, inherit the trademark right. They also have the right to transfer the exclusive right to use the trademark, license others to use it through the trademark license contract and collect royalties.

    When the exclusive right to use a registered trademark is infringed, the infringer may also be requested to stop the infringement and compensate for losses. The heir inherits the exclusive right to use the trademark during the validity period of the trademark, and if the registration expires, the successor can apply for renewal to continue to enjoy the exclusive right. If the successor does not apply for renewal, the exclusive right to use the registered trademark will be lost.

    The exclusive right to use a registered trademark enjoyed by an enterprise or institution cannot be inherited as a personal inheritance because it cannot be used as a person's personal property, but can only be transferred.

  4. Anonymous users2024-02-02

    Lawyer's analysis: If the court does not perform the effective judgment of the court after the judgment, it may apply to the people's court for compulsory enforcement. Enforcement is the fulfillment of a court judgment.

    Legal basis]:

    Article 228 of the Civil Procedure Law of the People's Republic of China: Enforcement work is to be carried out by executives. When taking measures to enforce the liquid collision file, the executive shall present his or her certificate. After enforcement is completed, a record shall be made of the execution and signed or sealed by the relevant persons present.

    The people's courts may set up enforcement bodies as necessary to cause disturbances.

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