Our company has 2 trademarks, can the same trademark be used by two companies?

There are 2 schemes, go directly to the trademark and ask about it soon, and second, go to the Chinese trademark online to check it! If you need me to go to work on Tuesday to help you ask.

A professional lawyer will answer for you: the cost of replacing the certificate is the same as the cost of a newly registered trademark. Then, the fee for replacing the certificate first and then changing it is the fee for new registration plus the change fee, which is about 3,000 yuan in total.

Your company has changed, so your trademark must be changed accordingly. If you do not change the information on the trademark registration certificate first, you can directly apply for the original trademark in the name of the new company, which is unsuccessful. If the information of the new company and the old company do not match, the Trademark Examination Board will mistake it for two applicants, and your trademark registered with the new company may be rejected.

If there is anything you don't understand, please "Credit Public Welfare Media".

I am a ** agency, the supplement is generally charged 2000, (because the official fee is also 1000), the change to the new company is actually a transfer, the official fee is 1000, the actual is also charged 2000 yuan, but together you can be preferential, but I recommend that you look for a company with a record and the company has been operating for more than 5 years, because there are too many ** institutions now, for you to get the certificate and you handle it, such a company will be more secure, I am a ** agency, I hope to help you.

Legal Analysis: The same trademark can be used by two companies.

Legal basis: Article 5 of the Trademark Law of the People's Republic of China Two or more natural trembling persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy the exclusive right to use and exercise the Shenghe trademark.

Legal Analysis: No Restrictions. A company can apply for several different trademarks, and the company benefits by operating and developing the trademarks it holds.

The Trademark Law does not stipulate that a company can only register and apply for one trademark. According to the principle that nothing is prohibited by law, a company can apply for multiple trademarks. In practice, many companies have registered multiple trademarks that are similar to their own well-known trademarks to prevent their rights and interests from being harmed.

Legal basis: Article 22 of the Trademark Law of the People's Republic of China The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration. An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application.

The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

Article 14 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China Where an application for trademark registration is made, the applicant shall submit his or her identity documents. The name of the applicant for trademark registration shall be consistent with the supporting documents submitted. The provisions of the preceding paragraph on the submission of the applicant's identity documents shall apply to other trademark matters such as alteration, assignment, renewal, opposition, and cancellation submitted to the Trademark Office.

Co-registration is possible. Article 5 of the Trademark Law stipulates that two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.

1. Characteristics of joint trademark rights.

An important feature of a common trademark right is the plurality of its subject. The subject of a joint trademark right is two or more natural persons, legal persons or other organizations, which expresses the plural of the subject of the right rather than the plural of the object of the right. If several persons have the exclusive right to use the same trademark based on joint registration or joint transfer, it is a joint trademark right; If the same entity has the exclusive right to use several trademarks, it does not constitute a joint trademark right.

Another characteristic of a common trademark right is the unity of its rights. A common trademark right is a trademark right rather than several trademark rights, and common ownership refers to the common ownership of the same trademark rather than the common ownership of several trademarks. If several persons have both the exclusive right to use the trademark A and the exclusive right to use the trademark B, they are two independent joint trademark rights, not one common trademark right.

It should be pointed out that a co-ownership trademark right is the joint ownership of the rights of several persons to the same trademark, regardless of the goods and services used in the trademark. If there is only one trademark owner, no matter how many kinds of goods or services the trademark is used, it will not be a common trademark, on the contrary, whether the common trademark is used on a variety of goods or services, it is a common trademark. In other words, co-ownership of trademark rights does not differ depending on the type of goods or services used.

2. How to apply for a co-owned trademark.

Article 5 of the Trademark Law of the People's Republic of China provides that two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark. Article 30 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China stipulates that if the name, address or other registration matters of the trademark registrant are changed, an application for change shall be submitted to the Trademark Office. If the name of the trademark registrant is changed, the certificate of change issued by the relevant registration authority shall also be submitted.

If the Trademark Office approves the application, the corresponding certificate shall be issued to the trademark registrant and the trademark shall be announced; If the application is not approved, the applicant shall be notified in writing and the reasons shall be explained. If the name or address of the trademark registrant is changed, the trademark registrant shall change all the registered trademarks at the same time; If the changes are not made together, the Trademark Office shall notify them to make corrections within a time limit; If the application for change is not made within the time limit, it shall be deemed to have abandoned the application for change, and the Trademark Office shall notify the applicant in writing.

Whether a trademark can be used as a company name depends on the circumstances: (1) if the trademark is a well-known trademark, the re-registration of the same enterprise name by others may be considered to be suspected of free-riding, constituting unfair competition; (2) In law, the right to the name of the company is called the right to the enterprise name, and the right to the trademark is called the trademark right. The two rights are generally incompatible.

1. Is it considered infringement for both companies to have trademarks?

The trademark of both companies is not infringing, and the name right of the approved company name is not infringing, and there is no infringement with the same name as the trademark. According to Article 2 of the Implementation Measures for the Administration of Enterprise Name Registration, these Measures apply to the names of enterprise legal persons registered with the administrative authorities for industry and commerce and enterprises that do not have the status of legal persons. Article 3 Enterprises shall choose their own names in accordance with the copying method and apply for registration.

The enterprise has the right to name from the date of its establishment.

2. What are the types of trademark infringement?

Most of the trademark infringement provisions under the Trademark Law of the People's Republic of China, the Detailed Rules for the Implementation of the Trademark Law and the Judicial Interpretations determine the jurisdiction and subject of the case according to the content or type of trademark infringement. Article 57 of the Trademark Law stipulates that a person commits any of the following acts; All of them are infringing the exclusive right to use a registered trademark

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe upon the exclusive right to use a registered trademark;

4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;

7) Causing other damage to the exclusive right to use a registered trademark of another person.

However, in fact, the exclusive right to use a trademark protected by the Trademark Law is exercised by the subject; Exercising different rights forms different rights subjects; The infringements stipulated are all carried out by the main stool royal body, and the subjects who carry out different acts form different tortfeasors. Therefore; Grasping trademark infringement from the perspective of the subject seems to be more conducive to understanding the relationship between the subject, the right to sue and the liability.

Trademark rights can be used by two companies together, if both companies have ownership of the trademark, then can the two companies register the same trademark, and what is the basis of the law on this? Therefore, I will introduce to you whether two companies can register the same trademark, and I hope to solve your corresponding problems. OneCan two companies register the same trademark?

Co-registration is possible. Article 5 of the Trademark Law stipulates that two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.

The co-ownership of a trademark by the owners of a jointly registered trademark means that multiple owners of a trademark must take joint action when exercising their rights against the trademark, such as licensing the use of the trademark, filing infringement complaints, transferring the exclusive right to use the trademark, etc., which require the consensus of all the co-owners of the trademark.

IIWhat are the types of trademarks?

According to different criteria, the trademark can be divided into different types. Trademarks for goods and service marks, collective and certification marks, joint and defensive marks, registered and unregistered trademarks, well-known trademarks.

IIIPrinciples of Trademark Acquisition

1) Principle of Acquisition of Use: The principle of acquisition of use means that the basis for obtaining a trademark right is that the trademark is actually used in commercial activities, and registration is only a preliminary evidence to prove the enjoyment of trademark rights.

2) Principle of Acquisition of Registration: The principle of acquisition of registration means that the basis for obtaining a trademark right is the approval and registration of the trademark administrative department, and an unregistered trademark cannot enjoy the protection of trademark right.

To sum up, according to the relevant provisions of the law, you can apply jointly, and the difference between a registered trademark and an enterprise is that if an enterprise applies alone, the exclusive right to use the trademark belongs only to this one enterprise, and if the two jointly apply, the exclusive right to use the trademark belongs to two people who jointly own the trademark.