-
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).
-
After the company name is changed, it is necessary to submit an application for trademark change to the State Trademark Office. 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.
Consequences if the change is not made: 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 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.
-
Yes, if the company name is changed, the registered trademark under the company's name must also be changed. Responsibility affects the stability of trademark rights.
-
Hello, there is an impact, the company name or address is changed, and the trademark also needs to be changed.
-
According to the relevant laws of China, if the company name is changed, if the company applies for a registered trademark, it will have an impact on the registered trademark, and the name of the trademark registries needs to be changed.
Trademark Law of the People's Republic of China
Article 41 Where it is necessary to change the name, address or other registration matters of the registrant of a registered trademark, an application for change shall be filed.
1. Information to be provided for the change of company name.
1. Receive the name verification notice. Online name change pre-approval notice, original ID card of the operator, original business license, official seal;
2. Submit the materials to the reception window. Application for change, copy of ID card of legal person and shareholder, original ID card of the operator, articles of association, power of attorney, property right certificate, notice of name verification, "List of Shareholders", "List of Directors, Managers and Supervisors", "Form of Payment of Registered Capital", and equity transfer agreement;
3. Obtain a business license. The acceptance form and the original ID card of the person in charge;
4. Engraving for the record. Power of attorney (made by the engraving company), the original ID card of the legal person, and the original ID card of the person in charge;
5. Change of organization**. The original and copy of the original organization (including the ** card), the copy of the changed legal person ID card, and the copy of the ID card of the person in charge;
6. Change the registration certificate. Tax change registration form (received at the window), original and copy of business license, original and copy of organization **, original and copy of old tax registration certificate, copy of articles of association, copy of real estate certificate, original and copy of rent contract, original and copy of rent invoice, copy of legal person ID card, copy of ID card of the operator;
7. The bank changes the basic account. The original and copy of the business license of the enterprise, the original and the copy of the ** certificate of the organization, the original copy of the tax registration, the original legal person ID card, the power of attorney, the original ID card of the operator, the rental contract, the property right certificate, the original company check purchase certificate, the unused check, the financial seal, the name of the person, the official seal;
8. Other documents required by the State Administration for Industry and Commerce. If the change of registration of a company involves the amendment of the articles of association, the amended articles of association or amendments to the articles of association signed by the legal representative of the company shall be submitted. If the change of registration items is subject to approval before registration in accordance with the provisions of laws, administrative regulations or decisions, the relevant approval documents shall also be submitted to the company registration authority.
-
For established companies, if they are not satisfied with the current company name, they can apply to the industrial and commercial department for a change of company name. So, for enterprises that have registered trademarks, if the company name changes, does the trademark have to be changed? This article will introduce and explain this.
According to Article 19 of the Trademark Law, if a 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.
Therefore, if the company does not change the name of the trademark registrant in a timely manner, it will face the risk of the trademark being revoked. In addition, when a company applies for a change in the name of the trademark registrant, it shall submit an application for change to the Trademark Office in accordance with Article 30 of the Regulations for the Implementation of the Trademark Law, and shall also submit the certificate of change issued by the relevant registration authority. The specific operation process is as follows:
1. Prepare all the materials required for trademark change (including a copy of the applicant's identity document, a copy of the business license, etc.), and go to the trademark change acceptance hall to obtain the application form for change registration;
2. Fill in the "Application for Trademark Change" and submit it to the staff of the trademark registration hall together with the change materials you carry;
3. The Trademark Office shall review the change materials submitted by the company. There are errors or omissions in the requirements and their modifications are incomplete; Approval of change of registration after approval;
4. Wait for the Trademark Office to issue the "Change Certificate";
5. Complete the change.
1. Materials required for the change of company name.
It mainly includes: (1) Notice of Pre-approval of Enterprise Name; (2) The original ID card of the person in charge; (3) The original copy of the company's business license; (4) The company's official seal; (5) Copies of the identity certificates of legal persons and shareholders; (6) Articles of Association; (7) Other industrial and commercial departments require the provision of materials, wide materials, etc.
2. Operating procedures for changing the company's name.
The basic steps are:
1) Submit an application for registration of company name change to the industrial and commercial department (which can be carried out online or offline), and prepare the specific materials required for the change of company name;
2) Bring the company name change materials to the industrial and commercial hall to handle the change registration;
3) The staff of the industrial and commercial department shall review the materials submitted by the enterprise, and if the audit fails, it shall be required to supplement and correct, and the notice of approval of change of registration shall be issued;
4) Go to the industrial and commercial hall to get a new company business license according to the appointment time;
5) When the name of the company is changed, it is necessary to make changes in banking, taxation, social security, etc., and if the enterprise has a trademark certificate, it is also necessary to complete the change in time.
1. Apply to the Industrial and Commercial Bureau or the Municipal Supervision Bureau for the "new name verification of the company". 2. Submit the appointment of "company name change" at the local industrial and commercial bureau, and fill in the corresponding information and print it. 3. Bring the above information to the corresponding industrial and commercial bureau, get the number by yourself, and then submit the information. >>>More
1. Apply to the Industrial and Commercial Bureau or the Municipal Supervision Bureau for the "new name verification of the company". 2. Submit the appointment of "company name change" at the local industrial and commercial bureau, and fill in the corresponding information and print it. 3. Bring the above information to the corresponding industrial and commercial bureau, get the number by yourself, and then submit the information. >>>More
Company Formation] What is a Company Name?
The company name is not the same as the trade name.
There are many similarities between enterprise names and registered trademarks in legal protection, both of which are distinguishing signs used in production and business activities, and both are used by law to ensure the quality of goods and services, maintain corporate reputation, and protect the interests of consumers through the method of exclusive right granted by law, and in some cases, the two are combined into one, such as the famous "Lenovo" and "Haier", which are not only trademarks, but also the core of enterprise names - trade name. However, we should not confuse a trademark with a business name, after all, the two are two different concepts, and the main differences are: >>>More
When registering a company, many people delay for a long time on the company's registered name, waiting in line for review repeatedly. One of the reasons is that the company name was not taken in accordance with the "Regulations on the Administration of Enterprise Name Registration", and the other was because when taking the company name, it was not thought about properly, and some were even direct. Choose some phrases with nice names. >>>More