How not to be imitated by others in the process of trademark registration, and what standards are re

Registered trademarks: Trademarks are divided into Chinese characters, English, and graphics, in short, except for trademarks that cannot be applied for by the National Trademark Law. If you submit a trademark that is identical or similar to that of another company or individual, your trademark will be rejected.

In this case, a basic search can be carried out before applying for a trademark. This will give you a better chance of success. As for imitation, you can apply for the registration of this trademark in all the trademark classes you may be involved in, and large well-known enterprises have registered trademarks in each class of the same trademark in order to prevent imitation or "fame".

For the sake of cost, you can focus on the classes you are mainly involved in, so that in the fields where you register, the registration of a trademark that is identical or similar to your trademark by another company or individual will be rejected, and the production or sale of products of the same or similar brand as yours will constitute infringement.

Hello, in response to your question, I would like to put forward a few suggestions: 1. If your trademark is a creative design, you can apply for copyright registration first in order to be afraid of imitation by others. After obtaining the copyright registration certificate, if someone else's trademark is indeed an imitation of your trademark, you can apply for the invalidation of the other party's trademark in accordance with the relevant laws.

2. In the process of trademark application, do a good job in trademark monitoring. As soon as the imitation of your trademark enters the publication period, you can file an opposition with the State Trademark Office. In this way, he can delay the time for him to get the certificate, and if the opposition is completed, if it fails, you can also get an opposition review, so that the time is about five years, and he will not get the trademark registration certificate in five years, and he will definitely not dare to use and publicize it on a large scale, so that you can achieve your goal.

3. The registration of goods needs to be applied for according to the categories of similar goods and services. Hope it helps. ——Intellectual property legal counsel Xiao Jiang at your service.

During the application process, there is no exclusive right to the trademark and no rights can be defended. Trademark registration: Registered trademarks need to be handled by the Trademark Office of the State Administration for Industry and Commerce (Beijing), or entrusted to a leading organization.

To register a trademark, you need to have a self-employed business license or a business license of an enterprise legal person, and you cannot register a trademark without this certificate. Finally, you need to give a trademark name, and then search, if you can register, you can design or choose a font and make an application document. Report to the State Trademark Office.

The fee is a fee: 1,000 yuan, and if you entrust a ** agency to handle it, you will have to pay part of the ** fee, which is generally about 800 yuan; The acceptance notice will be issued in about one month; If the substantive examination is carried out within about one year, and if it complies with the Trademark Law, it will be announced in the first instance, and if there is no objection in 3 months, the registration certificate can be obtained one month after the expiration of the announcement. If you have any questions, please contact me.

After the trademark is registered, it can also be registered as a copyright and intellectual property rights can be protected.

With the emergence of e-commerce such as **, it is possible to encounter goods that imitate some well-known brands, and trademarks have even become synonymous with products, so some people wonder whether these trademarks imitating other people's brands can be successfully registered. There are also provisions in the Trademark Law for these.

If the trademark applied for registration for the same or similar goods is a copying, imitation or translation of a well-known trademark not registered in China by another person, which is likely to cause confusion, the trademark applied for registration for the same or similar goods is a copying, imitation or translation of a well-known trademark registered in China by another person, misleading the public, causing the interests of the registrant of the well-known trademark to be harmed, the registration shall not be granted and the use shall be prohibited. Abacus Corporate Services.

According to Article 32 of the Trademark Law, an application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

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 of the trademark on the same kind of 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) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark 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.

Articles 60 to 67 of the Trademark Law have relevant provisions on infringement of others' trademarks. For example, Article 61 of the Trademark Law stipulates that the administrative department for industry and commerce has the right to investigate and deal with infringement of the exclusive right to use a registered trademark in accordance with the law; and where a crime is suspected, it shall be promptly transferred to the judicial organs for handling in accordance with law.

Registered trademarks need to be approved by the Trademark Office, and whether the trademark you imitate can finally pass the examination is the most crucial.

No, imitating someone else is tantamount to trademark infringement.

No! Because they will be caught.

You write this, you are too old.

Legal analysis: the difference between counterfeiting a registered trademark and passing off a registered trademark, the first two definitions are different, counterfeiting a registered trademark is a direct fraudulent use of a trademark that has been registered by another person without a trademark registration application, passing off a registered trademark, which means that the registered trademark is only allowed to be used in goods A, but it is also used on goods B or has not started to register the trademark at all, so the harmful nature of the two is different, counterfeit registered trademarks, It is an act of maliciously infringing on the registered trademark of others, and passing off a registered trademark is an illegal act of deceiving consumers.

Legal basis: Article 32 of the Trademark Law of the People's Republic of China An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

The difference between counterfeiting a registered trademark and passing off a registered trademark, the first two definitions are different, counterfeiting a registered trademark is a direct fraudulent use of a trademark that has been registered by another person without a trademark registration application, passing off a registered trademark, which means that the registered trademark is only allowed to be used in goods A, but it is also used on goods B or has not started to register the trademark at all, so the harmful nature of the two is different, counterfeit registered trademarks, It is an act of maliciously infringing on the registered trademark of others, and passing off a registered trademark is an illegal act of deceiving consumers.

Legal basis: Article 32 of the Trademark Law of the People's Republic of China An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

The legal function of a registered trademark is as follows: Lao Nu protects the exclusive right to use the trademark and maximizes the benefits of the use of the trademark. Methods for trademark registration:

First, the applicant for trademark registration files an application for registration. The Trademark Office then conducts a preliminary examination (nine months). Then, if there is no objection within three months, a trademark registration certificate will be issued.

Article 4 of the Trademark Law.

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.

Article 22 of the Trademark Law.

The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration.

Article 33 of the Trademark Law.

Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 or 4 of 19 of this Law. If there is no objection to the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

1. Can it become a trademark only after registration?

1. It is not only necessary to apply for registration to obtain a trademark, but also to obtain it by transfer. The registrant of the Yingsong trademark may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark.

The licensee shall guarantee the quality of the goods using the registered trademark of Sun Song.

2. Legal basis: Article 42 of the Trademark Law of the People's Republic of China.

In the case of the transfer of a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

If a registered trademark is transferred, the trademark registrant shall transfer the trademark registered on the same goods as a similar trademark, or the same or similar trademark registered on similar goods.

The Trademark Office shall not approve the assignment that is likely to cause confusion or have other adverse effects, and shall notify the applicant in writing and explain the reasons.

After the transfer of the registered trademark is approved, it shall be announced. The assignee shall have the exclusive right to use the trademark from the date of publication.

2. What are the conditions for applying for a registered trademark?

There are the following conditions for applying for a registered trademark:

1. Follow the principle of good faith;

2. Be responsible for the quality of the goods using the trademark;

3. The trademark applied for should be able to distinguish it from other people's goods;

4. The trademark should have distinctive features, be easy to identify, and should not conflict with the prior legal rights of others.

Trademark registration similarity generally cannot be approved.

1. The law stipulates that the trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.

2. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

3. Words, language and sound can all be registered as trademarks, but the trademark applied for by the applicant is identical or similar to the trademark already registered by others, and the trademark registration agency will not grant registration.

1. What is the authority for the recognition of a well-known trademark and what is the scope of protection?

The authorities for recognizing well-known trademarks are the Trademark Office, the Trademark Review and Adjudication Board and the people's courts.

The scope of protection is as follows:

1. If the trademark applied for registration for the same or similar goods is a copy, imitation or translation of a well-known trademark not registered in China by another person, which is likely to cause confusion, it shall not be registered and its use shall be prohibited;

2. If the trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by another person, misleading the public, resulting in possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited;

3. If a registered trademark violates the relevant provisions of the Trademark Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to revoke the registered trademark within the prescribed time limit from the date of trademark registration; Wait a minute.

2. How to protect well-known trademarks that have been registered in China.

The protection of well-known trademarks that have been registered in China is as follows:

1. If the trademark applied for registration for the same or similar goods is a copy, imitation or translation of a well-known trademark not registered in China by another person, which is likely to cause confusion, it shall not be registered and its use shall be prohibited;

2. If the trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by another person, misleading the public, resulting in possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited;

3. If the registered trademark or unregistered well-known trademark of another person is used as the trade name in the name of the enterprise, misleading the public and constituting an act of unfair competition, it shall be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.

3. What is the specific protection of well-known trademarks under the law?

According to the laws of the People's Republic of China, if a trademark applied for registration for identical or similar goods is a copy, imitation or translation of a well-known trademark of another person that has not been registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Article 9 of the Trademark Law.

The trademark to be applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.