If you tell you the trademark you want to register during the trademark registration consultation, w

It is possible if it is preemptively registered.

1. Submit a dispute to the Trademark Office for permission to the trademark.

The premise of the dispute: the foreign brand must be promoted before the time when the trademark was registered in China.

For example, invoices and purchase orders of the brand are written before the trademark is preemptively registered, as well as advertising brochures. Moreover, the foreign brand has enjoyed a certain degree of popularity in China and abroad.

If the above conditions are not met, the possibility of winning the dispute is small, and China implements the principle of prior application.

2. Submit to the Trademark Office the cancellation of the domestic pirated trademark for three years.

Prerequisite: The domestic trademark has been registered for three years and has not used the trademark for three years.

According to the provisions of the Trademark Law, a trademark that has not been used after three years of registration may apply for cancellation on the grounds of cancellation of the non-use for three years, and if the trademark registrant fails to provide evidence of use within the specified time limit, it will be revoked.

Hello, your worries are completely unnecessary, now there are strict requirements for individual registration, without a personal business license, it is not possible to register a trademark, and the company is impossible to preemptively register some unfamous trademarks, ** the company has its own professional ethics, can not smash their own jobs. So you can rest assured, but if you think of a name but don't register it for a long time, it can't be ruled out that others will also think of the name and register, so it's best to act quickly! I am the ****** of Beijing Erte Intellectual Property, if you don't understand anything, please feel free to hi me!

Article 32 of the Trademark Law of the People's Republic of China stipulates that 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 Trademark Review and Adjudication Board of the State Administration of Industry and Commerce of the State Administration of Industry and Commerce heard the claim and found that the respondent constituted "preemptively registering a trademark that has been used by others and has a certain influence by improper means", and invalidated the trademark preemptively registered in bad faith.

2. Legal basis.

China's Trademark Law adopts the principle of "first-to-register" priority protection, with "first-to-use" as an exception, which is only for well-known trademarks and trademarks with a certain degree of popularity that have been preemptively registered with others. Therefore, if Company A wants to continue to use the trademark, it can only collect evidence to prove that Company B has registered the trademark in bad faith. If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If the trademark applied for registration for the same 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, and causing the interests of the registrant of the well-known trademark to be harmed, the trademark shall not be registered and its use shall be prohibited. According to Article 10, if a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall revoke the registered trademark; Other entities or individuals may request the Trademark Review and Adjudication Board to rule on the revocation of the registered trademark. If a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule on the cancellation of the registered trademark within five years from the date of registration of the trademark.

For bad faith registration, the owner of a well-known trademark is not subject to a five-year time limit. In addition to the circumstances specified in the preceding two paragraphs, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for adjudication within five years from the date on which the trademark is approved for registration. After receiving the application for adjudication, the Trademark Review and Adjudication Board shall notify the relevant parties and submit a reply within a time limit.

1.The Trademark Office issues a notice of acceptance in about 2 months.

2.The Trademark Office shall complete the preliminary examination within 9 months from the date of receipt of the application for registration.

3.The announcement period of the preliminary examination is 3 months.

4.It takes about 12 months to complete the entire trademark registration process.

Trademark registration conditions:

1.The company's registered trademark needs to provide:

Names and figures that can be registered in a search.

Designed logos and graphics.

Business license of the company.

Sign the official trademark application document (application form).

Sign the official power of attorney.

2.Individual registered trademark needs to provide:

Names and figures that can be registered in a search.

Designed logos and graphics.

Business license for self-employed individuals.

Sign the official trademark application document (application form).

Sign the official power of attorney.

If the other party's trademark has been approved for registration. There are different treatment methods according to the time when the other party's trademark is registered. If the other party has registered the trademark for more than three years, or there is valid evidence of use, then an application for invalidation can be filed, and the Trademark Review and Adjudication Board will declare the trademark invalid.

Legal basis] Paragraph 2 of Article 15 of the Trademark Law stipulates that if a trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant and the other person have a contract, business relationship or other relationship other than that provided for in the preceding paragraph, but clearly knows the existence of the trademark of another person, and the other party raises an objection, the registration shall not be granted.

Whether a trademark can be registered is mainly based on whether there is already an identical or similar trademark on the same or similar goods, and if not, it can be registered.

It basically doesn't matter whether the company of the other party is registered in advance or not. Because the company's trade name right and trademark right are two different things.

Whether you can register or not depends on the review.