Is there any harm in not changing the trademark?

Registering a trademark can protect our rights and interests, but when the registered address, the name of the registrant, and the trademark are changed, we must change the trademark in accordance with the law.

Although we know the importance of trademark change, there are still some applicants who do not inform the agency that helps them to register the trademark in time because the address of their main business license has changed, which is inconsistent with the registered address on the trademark, and they have not submitted an application for change to the State Trademark Office in time, so that the trademark may face the risk of being revoked, causing significant losses to the enterprise. According to the first paragraph of 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.

These enterprises are troublesome, expensive and time-consuming, and when the business name and address on the business license are changed, no.

To apply for trademark change, there is also a hint of luck, which ultimately brings huge losses to the enterprise. So what are the hidden dangers of not changing the trademark in time?

1. Article 30 of the Regulations for the Implementation of the Trademark Law 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.

2. The second paragraph of Article 49 of the Trademark Law stipulates that if a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without a legitimate reason, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark.

3. Entering the mall or network** will be affected.

Generally, when entering shopping malls or networks, it is necessary to check the trademark information and the name and address of the business license, and the information is inconsistent, so it is not possible to enter the physical shopping mall or some e-commerce platforms.

4. When handling pledge and other businesses, the name and address of the trademark that affect the approval are not changed in time, and the examination and approval are also affected when handling bidding, banking, trademark pledge and other businesses.

5. Affect the subsequent renewal of the trademark, the use period of the trademark is 10 years, after 10 years, if it is still needed to be used, it needs to be renewed, and the trademark office must also be checked when applying for renewal.

Therefore, when the trademark changes, it is necessary to handle the change of the trademark in time to avoid unnecessary losses, if you want to register a trademark, or you have registered a trademark and have a dispute, or when the trademark rights and interests are infringed, you can contact me.

The harm of not changing the trademark is as follows: it affects the transfer and filing of the trademark. Article 30 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China

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.

In addition to the relevant laws and regulations, the Trademark Office needs to check whether the trademark registration information is consistent with the address and name of the business license.

After the expiration of the trademark, it shall be renewed in accordance with the following provisions:

If the application is filed 12 months before the expiration of the validity period of the registered trademark, if the application is not filed within the prescribed time limit, a six-month grace period may be granted, but the delay fee shall be paid according to the regulations. 2. Application documents: "Application for Trademark Renewal Registration", which can be obtained from the trademark ** organization affiliated to the local industrial and commercial bureau

3 copies of the original trademark registration certificate and 5 trademark drawings. 3. Application procedures: Submit the completed draft of the Application for Trademark Renewal and Registration and other documents to the trademark organization.

4. Examination by the Trademark Office: The Trademark Office will review the application for renewal of the registered trademark, consider that the procedures are complete and comply with the regulations, issue a certificate of renewal of the registered trademark, and reject the application if it violates the law.

That's all there is to it, do you understand?

What is a trademark renewal?

Trademark renewal refers to a system in which the owner of a registered trademark goes through certain procedures in accordance with the law to extend the validity period of his registered trademark within a period of ten years after the expiration of the validity period of the trademark registration.

Why do I need to renew my trademark?

According to the provisions of the Trademark Law, if a trademark needs to be continued to be used upon expiration, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If it fails to do so within this period, it may be granted a grace period of six months. Each renewal registration is valid for 10 years, starting from the day after the expiration of the previous term of validity of the trademark. If the renewal formalities are not completed after the expiration of the period, the registered trademark shall be cancelled.

What are the consequences of not applying for the renewal of the trademark exhibition in time?

1. Many trademark owners think that the cost of trademark renewal is much more expensive than re-application. As everyone knows, renewal is only a formal requirement for examining the qualification of the subject, and the exclusive right to use the trademark can be extended for 10 years without the substantive examination stage after the renewal of the registration certificate. However, if a new trademark application is the same, it is equivalent to a new application.

2. In addition to the examination of the formal requirements, the substantive examination shall also be conducted. The so-called substantive examination is to compare the applied trademark with the trademark in the trademark database, and if it is the same or similar beforehand, it will be rejected and the trademark right will be lost.

3. Some applicants did not submit an application for extension of the exclusive right period during the trademark renewal and grace period. After thinking that it would be enough to re-apply, in fact, I made a very serious mistake, because I don't know how many people want to use a good trademark, and perhaps because of this step, the trademark rights are handed over. caused irreparable losses, and then spent ** money to buy it back.

Moreover, it takes longer to re-mark than to renew.

How to renew a trademark?

1. Entrust the trademark ** agency to handle the renewal of the trademark.

2. The trademark owner directly goes to the trademark registration hall of the Trademark Office to renew the trademark.

What is a trademark change?

According to the relevant laws of China, according to the provisions of Article 41 of the current Trademark Law, the change of trademark refers to the change of the registrant, registered address or other matters of the registered trademark. If the applicant changes his name, address, or person, or deletes the designated goods, he or she may go through the change procedures with the Trademark Office.

What happens if a trademark is not changed in a timely manner?

1. Affect the transfer and authorization of trademarks

If the name and address of the enterprise are found to be 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

If the registered trademark is stopped for three consecutive years, any individual or entity has the right to apply for cancellation of the registered trademark. If the Trademark Office receives any 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, if the enterprise has moved and cannot receive the notice, the trademark registrant cannot provide evidence of the use of the trademark within the time limit for presenting evidence, and the Trademark Office will issue a document to cancel 100% of the trademark.

3. Entering the mall or network** will be affected.

When entering the shopping mall or network**, it is necessary to check the trademark information and the name and address of the business license, and the information is inconsistent, and the trademark address has not been changed, and the information is found to be inconsistent when checking.

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, after 10 years, it is still necessary to renew the use, and the trademark information must also be checked when the renewal is handled, 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, and the trademark will not be renewed, and the trademark will expire, if you want to re-register, someone may have applied in advance.

The trademark registrant or applicant shall apply for change in accordance with the law. If the main registrant of a registered trademark has changed its name, address or other registration matters, it shall submit an application for change, which is an obligation that the registrant shall perform under the law. According to Article 41 of the Trademark Law, if a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be filed.

Article 49 Where 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 him 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. If 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. The Trademark Office shall make a decision within nine months from the date of receipt of the application.

If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce. Article 50 Where a registered trademark is revoked, declared invalid, or not renewed upon expiration, the Trademark Office shall not approve an application for registration of a trademark identical or similar to the trademark within one year from the date of revocation, invalidation or cancellation.

Well-off answers for you:

In practice, it often happens that the information of the applicant registrant has been changed, but the applicant registrant has not changed the currently valid trademark with the State Intellectual Property Office, but directly submitted the registration application with the changed information. Although this method will save time and money in the short term, it will be very risky in the later stage.

If the trademark subsequently applied for by the applicant registrant with new information and the trademark under his or her name that has not yet been changed constitute a similar trademark on similar goods, it is likely that the trademark submitted with the new information will be rejected. In order to overcome the refusal, the applicant registrant still needs to make changes to bring the trademark owner information uniformly. This would result in not only the change but also the rejection review, which would add an additional time and cost burden to the applicant and holder.

Therefore, when the relevant information changes, please change it in time to protect your rights and interests.

Trademark change is mainly to modify part of the information of the trademark, but the trademark right is still its own. Therefore, there will be no disputes over the transfer of trademarks. However, if the information is not changed in a timely manner, the scope of protection of the trademark may not cover the goods.

In this way, others can plagiarize the goods and break the market.

If the company name is changed, it will affect your later use, such as the trademark certificate provided by the online store is inconsistent with the business license, which will lead to the inability to use the trademark certificate, or the trademark filing when exporting will also be affected. If the company's address is changed, then someone wants to cancel your trademark or invalidate your trademark, and the trademark office will send the document to the original address, which will lead to the inability to receive the document and fail to make a timely defense, resulting in the invalidation of the trademark.

1. If the Trademark Office searches for this trademark information and finds that it is different from the address or name of the previous application, it may grant revocation.

2. In the process of using the trademark, the peer may apply to the Trademark Office for cancellation of the trademark on the grounds that the trademark is used in an irregular manner.

3. When the same trademark is registered in different categories in the later stage, the trademark is invalid due to different names.

Hello there.

If the name or address of the trademark registrant is changed, the trademark registrant must change all the registered trademarks at the same time; If the change is not made together, it shall be deemed to have abandoned the application for change, and the Trademark Office shall notify the trademark applicant in writing. ”

2. According to Article 44 of the Trademark Law, "if a registered trademark is used in any of the following acts, the Trademark Office shall order it to correct or revoke the registered trademark within a time limit:

Changing the registered trademark on its own;

Changing the name, address or other registration items of the registrant of the registered trademark on its own;

Transferring a registered trademark on its own;

Discontinued for three consecutive years.

1 You may not receive the documents issued by the Trademark Office, because the documents issued by the Trademark Office are issued to the address of registration.

2. Some people mention that it is invalid or withdrawn, which is also a reason.

1. Affect trademark transfer and authorization.

2. The trademark will be revoked by others.

3. The application for "trademark cancellation III" was submitted, and no evidence could be provided.

4. Affect the approval of pledges.

5. Affect trademark renewal.

Hello, if your trademark is successfully registered, you can conduct trademark monitoring on the social standard network, if someone registers a similar trademark, you can raise an objection in time to protect your trademark rights and interests, I hope it can help you...