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1. Affect the transfer and authorization of trademarks
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 it is found that the name and address of the enterprise with the trademark information are inconsistent, the Trademark Office will reject the application, and it is necessary to apply for change before proceeding with the trademark transfer and authorization.
2. There is a possibility that the trademark will be revoked by others
Paragraph 2 of Article 49 of the Trademark Law of the People's Republic of China provides that 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.
It is not difficult to see from the law that if the registered trademark ceases to be used for three consecutive years, any individual or unit has the right to apply for cancellation of the registered trademark. If the Trademark Office receives an application for cancellation of the trademark that has not been used for three years, the Trademark Office will send a notice to the trademark registrant, and the address of the notice is based on the address provided by the trademark registrant.
3. Entering the mall or network** will be affected
Generally, when entering the shopping mall or network**, it is necessary to check the trademark information and the name and address of the business license.
4. When handling pledge and other businesses, it will affect the approval
If the trademark name and address are not changed in time, it will also affect the approval when handling bidding, banking, trademark pledge and other businesses.
5. Affect the subsequent renewal of trademarks
The term of use of the trademark is 10 years, and it is still necessary to renew it after the expiration of the period, and the trademark information must also be checked when applying for renewal, and it is found that the trademark name and address have not been changed, and the closer the trademark term, the more troublesome and long the procedures will be, resulting in the trademark not being renewed.
What should I pay attention to when changing a trademark?
1. When the trademark is changed, all the trademarks under the registrant's name need to be changed at the same time, otherwise the Trademark Office will issue a supplement;
2. If the address and name of the trademark registrant are changed, they may be changed together and an application may be submitted;
3. If the address of the trademark registrant has been changed multiple times, the last address may prevail and the change can be made once;
4. If the address of the trademark transfer and renewal is found to be inconsistent, the trademark change and transfer or renewal procedures can be handled at the same time.
What documents are required for the change of name and address of the trademark applicant?
1. A copy of the business license of the enterprise.
2. Power of attorney for application stamped with official seal.
3. Certificate of change issued by the registration authority (required for name change).
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If the name of the company is changed after the trademark registration certificate is obtained, the trademark change procedures shall be completed at the same time.
In the process of using the trademark registration certificate, it should be ensured that the registrant and the user recorded on the certificate are formally consistent, and if the registrant recorded is a former name, there will be a situation where the user and the registrant are formally different, which will affect the normal use of the trademark by the registrant. For example, if a product enters a large supermarket, it will be rejected because your company name does not have this trademark.
In addition, if the address remains unchanged, it is possible to choose only to change the name of the holder when filing the request for change, and there is no requirement that both must be changed at the same time.
Legal basis: Article 49 of the Trademark Law.
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 it 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.
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1. If your address is changed, but the business license has not been changed, the trademark certificate does not need to be changed.
2. If your business license has been changed, the trademark certificate must be changed, otherwise your trademark rights cannot be guaranteed, and if there is an infringement, this is a big loophole.
If necessary, Zhiguoguo looks forward to cooperating with you. o(∩_o~
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If your registered address has changed, just go through a change of address, and change the address on the registration certificate to the city after the change.
If you don't make changes, it won't matter, but there will always be hidden dangers. It doesn't cost much to make a change.
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Suggest a friend do a change of address.
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The Trademark Law stipulates that if a company's name or address is changed, the company's trademark must be changed. If the name or address of the enterprise has been changed for more than one year, and the trademark has not been changed, the trademark will be invalidated.
For example, if someone mentions that the trademark has not been used for three years, if you do not change your address and do not receive a notice from the Trademark Office, you will not be able to reply in time, which may lead to the cancellation of your trademark. In addition, if you continue to use the registration mark, you may also be investigated and punished by the Industrial and Commercial Bureau. Therefore, when the address of a registered trademark is changed, it is necessary to file an application for trademark change with the State Trademark Administration in a timely manner.
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It will not be affected, and it is recommended to change the address after successful registration.
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The change of address of a trademark is free of charge and can be found on the official website of the Trademark Office.
Trademark Office official website registration electronically, fill in the blank to submit the request, wait for about 1 month for review, the official fee is 0 yuan!
1) Entrust the trademark ** agency that has filed with the Trademark Office to handle it.
2) The applicant shall go directly to the registration hall of the Trademark Office.
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Paragraph 1 of Article 49 of the Trademark Law stipulates that if a trademark registrant changes the registered trademark, the name or address of the registrant or other registration matters in the course of using the registered trademark, the local administrative department for industry and commerce shall order it 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.
Therefore, if the name and address of the enterprise are changed, it is necessary to go to the Trademark Office to change the name and address of the trademark owner under its name. If you do not file a change request, it will have the following impact on the company:
1) If the name and address of the trademark owner are inconsistent with the name and address of the enterprise on the business license submitted at the time of renewal application, the Trademark Office will issue a Notice of Renewal and Amendment when examining the renewal case, requiring the applicant to change the name and address of the trademark owner under his name, otherwise the application for renewal of the trademark will not be approved, and the trademark will be invalid at that time.
2) Affecting the transfer of trademarks, the transfer of trademarks involves the change of the subject of the right holder, so the Trademark Office is more strict in the examination at this stage, if the name and address of the transferor are inconsistent with the name and address on the registration certificate, the Trademark Office will inevitably issue a supplement and request a change. If the applicant does not submit the application for change and reply to the assignment within the prescribed time limit, the assignment will not be approved;
3) There is a risk of revocation, and Article 49, Paragraph 2 of the Trademark Law stipulates that if a registered trademark has not been used for three consecutive years, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. Once the trademark is withdrawn by the assignee, the Trademark Office will issue a notice of proof of use to the right holder. In this case, if the name and address of the right holder have been changed, it is very likely that the official documents will not be received and the time limit for defense will be missed.
If the Trademark Office fails to make a reply within the prescribed time limit, the Trademark Office will directly cancel its trademark registration. Even if the right holder receives the official notice and provides evidence of use, due to the change of the name and address of the user and the right holder, the changed use is likely to be regarded as invalid.
4) Affect the entry of Tmall, Jingdong and other online **, in accordance with the **entry requirements, if the name and address of the enterprise changes, it is necessary to provide the "Change Certificate" approved by the Trademark Office;
5) When handling pledge and other businesses, it will affect the trial, and the trademark name and address will not be changed in time, and the approval will also be affected when handling bidding, banking, trademark pledge and other businesses.
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Hello, this is a must, consult your local trademark office for details.
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According to Article 49 of the Trademark Law, if a trademark registrant changes the registered trademark, the name or address of the registrant or other registration matters in the course of using the registered trademark, the local administrative department for industry and commerce shall order it 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.
Failure to make any changes may result in the loss of trademark rights.
Because when the Trademark Office issues documents to enterprises or ** institutions, they are mailed to the address where the trademark is registered, so if the address is not changed for a long time, it is very likely that the documents issued by the Trademark Office will not be received, resulting in a delay in some documents, and the trademark right may be lost.
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During the operation of the enterprise, due to the expiration of the registered address, the need for business expansion and other reasons, it may involve the change of the company's registered address. So, will the change of the company's registered address have an impact on the company's trademark? Next, this article will lead the majority of enterprises to have a specific understanding of this problem!
Generally speaking, if the registered address of the company changes, the information related to the company's trademark should also be changed. According to the provisions of the Trademark Law, if the name or address of the company is changed, the trademark of the enterprise must also be changed.
If a company does not change its trademark one year after the name or address change, the trademark will be invalidated.
In addition, some communications from the Trademark Office are sent directly to the trademark holder. If an enterprise changes its address but does not change its trademark, it will not be able to receive a notice from the Trademark Office, so it will not be able to reply in time, which will seriously lead to the cancellation of the trademark. Therefore, when there is a change in the address of a registered trademark, it is necessary to file an application for trademark change with the General Administration of Trademark in a timely manner.
The risk that the trademark will not be changed in a timely manner.
The main manifestations are:
1. According to the principle of trademark use, if the address or name of the registration certificate is inconsistent with the registered subject, it will affect the legal effect of the evidence in the later trademark dispute, and at the same time, it will be regarded as an irregular use of the trademark.
2. If the trademark is not changed in a timely manner according to the subject change information, the third party may request the Trademark Office to cancel its registered trademark in accordance with the provisions of the Regulations for the Implementation of the Shang Zhaoling Nianbiao Law.
Trademark Change Process (Procedure).
Typically, most of this is done in the following steps:
1. Prepare a trademark change document. To apply for a change of address of the trademark registrant, the following documents shall be provided: Application Form; The original of the applicant's qualification certificate and the copy of the applicant's seal or signature confirmation; If the applicant directly handles the application in the trademark registration hall, submit a copy of the ID card of the handler; Submit the "Power of Attorney" for the entrustment of the trademark ** agency; Other change materials required by the Trademark Office.
2. Submit an application for trademark change. If the applicant handles it directly, the application documents shall be submitted directly at the application acceptance window in the trademark registration hall; If the application is entrusted, the application documents shall be submitted to the Trademark Office.
3. After the application for change of address of the registered trademark is submitted, the Trademark Office will approve it, and after the application for change is approved, the Trademark Office will issue a certificate of change to the applicant. At this point, the trademark change process is basically completed!
The above is a specific explanation of the question of "will the change of the company's registered address have an impact on the company's trademark" and the relevant introduction of the trademark change process. For enterprises, if they encounter the above problems during their operation, they can use this article as a reference to seek specific solutions!
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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. In addition, 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 registration matters in the course of using the quietly registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit. If the trademark is not corrected after the expiration of the period, the Trademark Office shall revoke the registered trademark.
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We all know that even if we can't find it in real life, now for most people, when they open a store, they must first register a trademark, but if their conditions have changed, the trademark may also change accordingly, so some people will be stuck like this, and then if the address registrant changes, but what kind of impact will the trademark not change? For this issue, in my personal opinion, I think it may be revoked by others or will affect the subsequent handling of the trademark. Let's take a closer look at the procedure.
1 Trademarks may be revoked
In fact, it is true that we can meet all kinds of people every day in life, and at the same time, we will encounter all kinds of things, and in the midst of these events, if we are good at understanding, we can learn certain lessons from them. Especially for some store owners, when they register their trademarks, because their address and information match their own, but when these conditions change, their trademarks may be affected accordingly, and they may also be revoked by others.
2. Affect the follow-up process
In fact, for this trademark, we all know that it must be true information when registering, and even the name, address, ** number, ID card number of the registrant, these are completely to be registered, and this information can not be wrong, once there is a mistake, then after verification, there may be a corresponding impact, and it will affect their own procedures, and if you want to transfer this trademark in the future, then it may also be affected accordingly.
Therefore, we should also pay more attention to this aspect of the problem in our daily life, for everyone, when we are doing everything, we must understand some specific situations in advance, or when there are some abnormal phenomena.
It is necessary to pay attention to whether the trademark is normal, such as whether the registration time has expired. Whether there is a similar trademark and whether the other party is the owner of the trademark. Only after verifying these things clearly, the similar trademarks are transferred together. in order to ensure the overall security.
There are 3 main differences:
Risk 1) First, the combination application is more risky, and the opposite is true for separation. For trademarks with a combination of Chinese trademarks, alphabetic trademarks and figurative trademarks, the Trademark Office will separate them for separate examination, and as long as one element is identical or similar to the same element in another person's trademark, the trademark will be rejected as a whole. >>>More
How should I apply for a registered trademark?
Can place names, street names, and mountain names be trademarked?
1.Application for Change of Name of Trademark Applicant and Registrant; >>>More