26. No registered trademark is still used

Article 26 Any use by the trademark owner himself, by others with permission, or any other use that does not contradict the will of the trademark owner may be deemed to be the use referred to in paragraph 2 of Article 49 of the Trademark Law.

If there is a slight difference between the actual use of the trademark sign and the trademark sign approved for registration, but its distinctive features have not changed, it may be regarded as the use of the registered trademark.

There is no actual use of the registered trademark, only the transfer or licensing; or only publishing trademark registration information or declaring the exclusive right to use a registered trademark, it shall not be deemed to be a trademark use.

If the trademark owner has a genuine intention to use the trademark and has the necessary preparations for actual use, but has not actually used the registered trademark due to other objective reasons, the people's court may find that it has legitimate reasons.

Trademarks are divided into: 45 classes; The 26 categories you are talking about are: jewelry, wigs, buttons and zippers in this category, including the groups:

Lace, ornaments and braids.

Clothing that does not belong to other categories, ornamental pins.

Buttons, collar hook buckles, zippers.

Wigs, fake beards.

Sewing utensils (except thread).

Fake flowers. Hard underpinning bones.

Thermoviscose sheets for repairing textiles.

Linen marking supplies.

1. What is the difference between trademarks and patents?

1. The subject matter of trademark and patent is different: the technical content protected by the patent includes invention, new model of use, and design. A trademark protects the trademark itself, such as a figure, word, a combination thereof, or a three-dimensional mark.

2. The term of protection of trademarks and patents is different: the term of protection of patents is limited, 20 years for inventions, and 10 years for new models and designs, which cannot be renewed upon expiration. Trademarks are protected for 10 years, but can be renewed upon expiration, so as long as they are renewed every 10 years, they can have the exclusive right to use the trademark indefinitely.

3. The protection content of trademarks and patents is different: patent protection shall not manufacture, use, offer to sell, sell, or import products that are identical or similar to the patent. Trademark protection may not register the same trademark on the same type of goods, and if the protected is a well-known trademark, others cannot mark the well-known trademark even if it is a different type of goods.

4. The application procedures for trademarks and patents are different: patents must be applied to the Patent Office of the State Intellectual Property Office, and the patent right will be finally granted after preliminary examination (new model and appearance) and substantive examination (invention). The trademark is applied to the Trademark Office of the State Administration for Industry and Commerce, and the registration is approved after preliminary examination and no objection is announced.

2. Does the trademark need to be cancelled?

If the trademark is registered, it can not be cancelled.

Article 49 of the Trademark Law provides 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.

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.

Clothing embroidery is mainly used to make decorations on clothing, wigs, wigs.