Is it necessary to maintain the international trademark registration application after it is success

After the successful registration of an international trademark, it also needs to be maintained! For example, in countries such as the United States and the Philippines, an oath must be submitted in the 5th-6th and 3rd years to provide evidence that the trademark is still in use, and the trademark will be invalidated if it is not submitted within the time limit. In addition, you should also pay attention to whether the trademark applied by others in the future is the same or similar to your registration, and file an opposition in time to protect your trademark rights and interests.

After the international trademark is registered, it is necessary to pay attention to the maintenance, protect the trademark right, and file an opposition to the same or similar trademark applied for in a timely manner.

After the successful registration of an international trademark, it still needs to be maintained later, and if it is not maintained, the brand value will decline, and if it is not maintained, it may be recovered.

After filing an application for international registration of a trademark, the applicant can obtain an international registration certificate issued by the International Bureau and obtain the corresponding international registration number. This international registration number allows you to check the examination status of the trademark designated by the Contracting Party for which you are applying for registration on the World Intellectual Property Organization**. The international registration number can also be used by the applicant to directly apply to the International Bureau for subsequent matters such as changes, assignments, renewals, cancellations, etc.

Therefore, applying for an international trademark registration through the Madrid System makes it easier for applicants to maintain and manage their trademarks.

After the successful registration of the trademark, of course, it needs to be maintained in the later stage:

1.When using a trademark, it cannot be modified at will, and when using a trademark, an enterprise must ensure that the logo of the trademark is consistent with the logo of the registered trademark approved at that time, and can be scaled proportionally, but cannot change the text, font and color of the trademark by itself. If the changed appearance happens to be similar to the registered trademark of another person, it may also constitute trademark infringement.

As for the color, generally speaking, the registered trademark is mostly black and white ink draft, and the color is only added when it is actually used. If there is only a distinction between black and white and color between the inflated trademark and the black and white ink manuscript, and there is no substantial difference, it is still protected.

2.Article 41 of the Trademark Law stipulates that "if a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be filed." Therefore, once an enterprise changes its name or address, it must file an application for trademark change as soon as possible, otherwise there will be a discrepancy between the trademark information and the company's information in the later stage.

After the name and address of the applicant are changed, the applicant shall submit an application for change to the Trademark Office in a timely manner. In the unlikely event that someone declares it invalid, you will lose the opportunity to defend yourself if you do not receive the documents mailed to you by the Trademark Office due to a change of address. If you apply for a trademark through **company, you should pay attention to whether the address of **company has changed.

3.The trademark registrant may license others to use his or her registered trademark by signing a trademark license contract. If the trademark is licensed to use the registered trademark of another person, the trademark licensor shall be urged to go through the trademark license filing formalities with the Trademark Office in a timely manner; This is to add another layer of protection to your license.

4.If a similar trademark is found, the opposition period is only three months after the opposition trademark is published as soon as possible, during which any opposition can be filed, otherwise it will not be overdue. Therefore, once a trademark owner discovers a similar trademark, it should file an opposition to it as soon as possible to protect its legitimate rights and interests from infringement.

5.To expand the scope of use, the application for registration of a registered trademark must be filed separately according to different categories in accordance with the provisions of the Classification Table of Similar Goods and Services, and the goods or services approved for use shall prevail after approval. A registered trademark needs to be used on other goods or services in a different class, and a separate application for registration must be filed.

For example, if you are dealing in clothing and are registered in Class 25, but after the business is developed, you should be registered in Class 18 if you have a wallet or handbag.

6.The trademark should be renewed sooner rather than later, and the trademark shall be valid for 10 years from the date of approval of registration, and after the expiration of the period, the trademark shall be renewed within the first 12 months or the next 6 months, and the trademark that is not renewed will be invalid;

For trademark registrants, one year is a lot of time, but for trademark offices, it is not necessarily how long the examination time for renewal will take. Now the online trading platform is very strict on intellectual property requirements, in case of expiration, the goods will be taken off the shelves, in view of no one dares to guarantee the speed of the Trademark Office, so the renewal of the trademark, do not delay.

A subsequent designation usually refers to the designation of the relevant Contracting Parties for the same trademark application after the international registration of the mark. For example, in May 2002, a company obtained an international trademark registration with the International Bureau of the World Intellectual Property Organization (WIPO) in which the application for registration designated Contracting Party A to protect the applied mark. Subsequently, as a result of the expansion of the holder's exports of products to a number of countries, including Contracting Parties and C.

In this way, it is necessary that the internationally registered trademark be protected in Contracting Parties B and C. Therefore, in December of the following year, the registrant filed an application for the same trademark, designating Contracting Parties B and C for protection. Such designations are often referred to as "subsequent designations".

In nature, the application for subsequent designation is equivalent to the application for international registration of a trademark, and its purpose is also that the applicant expects that his trademark can be protected in the designated Contracting Party in the application for subsequent designation.

Foreword: Now more and more businesses know the importance of trademarks, so in order to better protect their brands, these people have applied for trademarks. So after the trademark is successfully applied, do I still need to protect the trademark?

1. The scope of application of registered trademarksMany people consider whether to make a copyright for their trademarks after trademark registration, so as to better protect their trademarks. A trademark is a trademark consisting of words, patterns, sounds, or a combination of them. After registration, it can only be used within the scope of the trademark class.

In other words, if you register a trademark for food, then you can only use it for food, and if you register a trademark for electrical, you can only use it for electrical appliances after registration.

2. Not all trademarks need to be registered for copyright, in fact, if a work is created, the author will have the copyright to the work, and the registration is to determine the ownership of the product, which is conducive to being used as evidence in the event of a copyright dispute in the later stage. Therefore, if you want to apply for copyright for a trademark, it is generally worth registering the copyright of the person concerned for a pattern or sound trademark, because the trademark of the pattern and sound is very original, and there is no guarantee that in the subsequent process, no one will create a trademark similar to yours, or directly copy your trademark. Therefore, it is also very necessary to register the copyright of your trademark at this time.

It is a double protection measure for your rights and trademarks.

3. Conclusion Trademarks are all abbreviations of the exclusive right to use trademarks, which refers to the exclusive rights enjoyed by the user of the trademark to the trademark used by the trademark user in accordance with the law, and the right of the trademark registrant to control the registered trademark and prohibit others from infringing on the rights and interests. The registrant of a trademark has the right to dispose of and benefit from the trademark it has registered. After applying for a trademark, registering the copyright can make the scope of the trademark application for protection territorial, so we must register the trademark.

Of course, it is necessary to protect the trademark, because the trademark represents the image of a company, and it is also very important to the company, so it must be protected and not stolen by others.

It is necessary to protect the trademark, and only after the protection can it be proved that the trademark belongs to you, and if there is infringement, you can be held responsible.

Otherwise, it will lead to the preemptive registration of your trademark by others, and it may lead to the leakage of intellectual property rights.

A trademark can be re-registered if it becomes invalid. However, it is subject to a one-year time limit. According to the relevant laws and regulations, if a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of revocation, invalidation or cancellation.

[Legal basis].

Article 49 of the Trademark Law of the People's Republic of China.

If the trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters in the process of using the registered trademark, the local administrative department for industry and commerce shall order the registrant to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.

If a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of 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.

Ten articles of the fifth bureau.

If a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of revocation, invalidation or cancellation.

According to Article 50 of the Trademark Law, if a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of revocation, invalidation or cancellation. This plays an important role in applying for trademark registration in practice. We know that if the applicant has a hidden trademark registration, the trademark office will reject the application if it conflicts with the earlier registered trademark.

However, if the prior registered trademark is revoked, declared invalid, or not renewed upon expiration, then there is a new opportunity to apply for registration. Therefore, when applying for a registered trademark, even if the application is rejected, it is necessary to continue to pay attention to the situation of the prior registered trademark, including the term of its exclusive right and the trademark dispute. Therefore, it is not always the better to file an application for registration as soon as a new opportunity arises.

If the application is filed too early, and the grace period has not yet been exceeded by the time the Trademark Office conducts substantive examination, the Trademark Office will still refuse to approve the application because it is identical or similar to the trademark that has been cancelled, invalidated, or not renewed.

Generally, if the trademark applied for registration conflicts with the earlier registered trademark, it will be rejected by the Trademark Office, but if the previously registered trademark is revoked, declared invalid, or not renewed after the expiration of the Huai calendar, then there is a new opportunity to apply for registration, and you can apply for the registration of the trademark with the same name and the same category.

No, after the trademark is invalidated, there is still a one-year protection period, that is, only this company can successfully register the trademark within this year, and the others cannot be passed. Therefore, after the expiration of the general trademark, there is a period of one year to be protected, and the registration of others cannot be approved, that is:

1. A grace period of 6 months after expiration.

2. The original trademark owner can give priority to re-registration, and the protection period is 12 months.

After the above conditions expire, anyone can enjoy the right to register.

1. The process of registering a trademark.

1. The enterprise prepares the logo to be registered and a copy of the company's business license, and delivers these materials to the intellectual property rights agency.

2. The intellectual property guessing section right agency prepares relevant materials (**power of attorney, application) 3. The intellectual property ** institution submits it to the State Zhengku Trademark Office.

4. The State Trademark Office conducts examination.

5. The State Trademark Office will make an announcement on the trademark.

6. The State Trademark Office issues a certificate.

2. Precautions for registered trademarks.

The information in the application materials should be consistent with the information on the business license materials.

3. The role of trademarks.

The trademark registrant has the exclusive right to use the trademark and also has the right to license others to use the trademark for remuneration. The duration of protection of trademark rights varies from country to country, but after the expiration of the term, the trademark can be renewed as many times as you pay an additional fee. Trademark protection is carried out by a court or administrative agency, and in most systems, the court and the administrative authority that administers the trademark have the power to stop trademark infringement, and generally speaking, the court's decision is final.

Broadly speaking, a trademark is an incentive for trademark registrants to gain recognition and economic benefits for their goods or services, and trademarks also encourage creativity and a positive attitude. Trademark protection also prevents unfair competitors, such as counterfeiters, from using the same or similar marks to promote inferior or different products or services. The trademark system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, and promotes international development.

Article 38 of the Trademark Law of the People's Republic of China stipulates that if a registered trademark expires and needs to continue to be used, it shall apply for renewal of registration within six months before the expiration; If the application is not made during this period, a grace period of six months may be granted. If the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled. 2. Article 46 of the Law of the People's Republic of China on Trademark Uproar If a registered trademark is revoked or not renewed upon expiration, the Trademark Office shall approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of cancellation or cancellation.