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Jite Intellectual Property:1Search the trademark name, and check whether your trademark name conflicts with the registered trademark or the trademark that has been applied for and is under examination on the same kind of goods or services, and only if there is no conflict can it be declared.
2.Trademark graphics, trademarks that can be declared after inquiry shall be designed with trademark graphics. Applicants can design by themselves under the guidance of ** people, or they can entrust the company's professionals to design.
16 black-and-white drawings are required for trademark graphics that do not specify colors, and 16 color inkjet drafts and 2 black-and-white drafts are required for trademarks with specified colors, with specifications of 6-8 cm. 3.Application procedures, with the trademark image and name, the applicant can bring a copy of the business license and the official seal of the enterprise (with ID card and private seal applied by natural persons) to the trademark ** company to apply for sealing....
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There is no restriction on how many trademarks can be registered on a product, and in practice, there are many situations where multiple trademarks can be registered and used on a product, so you can register and use them with confidence.
It is also possible to hand over products with different trademarks to different people in the same place, and it should be noted that although this does not violate the provisions of the Trademark Law, it is necessary to prevent violations of other legal provisions, such as whether there are restrictive provisions when you sign the ** agreement, etc.
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Yes, because the two brand names are not the same.
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Legal Analysis: The same trademark can be used by two companies.
Legal basis: Article 5 of the Trademark Law of the People's Republic of China Two or more natural trembling persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy the exclusive right to use and exercise the Shenghe trademark.
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Q: Can I use two registered trademarks on the same product at the same time?
Answer: The same holder can register similar or similar trademarks, and it is quite common to use multiple registered trademarks for the same goods in actual operation, so does it fall within the scope of legal protection? The answer is yes, this situation is not only allowed by law, but also has become an effective way for more and more businesses to protect the exclusive right to use trademarks.
Article 4 of the Trademark Law stipulates that: "If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or distributed, it shall apply to the Trademark Office for registration of the trademark of the goods." Article 37 of the Regulations for the Implementation of the Trademark Law stipulates that:
When using a registered trademark, the "registered trademark" or the registered mark may be marked on the goods, product packaging, instructions or other attachments. In other words, the Trademark Law and the Regulations for the Implementation of the Trademark Law do not prohibit the use of more than two registered trademarks for the same goods. Therefore, there is nothing prohibited by laws and regulations, and such use does not violate the legislative spirit of the Trademark Law and is therefore permissible.
However, in the process of confusion in the use book, we should also pay attention to the fact that two registered trademarks are used separately on the same goods, which can be marked or not marked as the same as the use of a single trademark. If more than two registered trademarks are used in combination on the same product, both trademarks must be marked or not marked, and one cannot be marked without a registration mark. The combined use of trademarks shall not cause people to misunderstand the combined trademark signs, and shall not constitute an infringement of the trademark rights of others.
An applicant can apply for the registration of multiple trademarks and enjoy the exclusive right to use multiple trademarks. In other words, an entity can register only one registered trademark and use it on the approved goods; It is also possible to register multiple trademarks at the same time or successively and use them on the same approved goods. When an enterprise uses two registered trademarks on a single product, it is generally used in the form of a primary and secondary trademark.
That is, under the condition that the main trademark remains unchanged, another trademark is used for each new product or new model launched. Nowadays, many producers and operators adopt this method, mainly using a trademark, and using different trademarks on different series of goods of the same kind, so as to segment the market and increase market share. In order to prevent others from using the same or similar trademarks on the same or similar goods, some businesses will register several similar trademarks on the same goods, so as to realize brand extension, enhance the value of the trademark, and effectively prevent infringement.
Trademark registration inquiry.
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Two or more trademarks can be registered for the same product. There is no country limit on the number of trademarks that can be registered on the same goods.
There are two scenarios for your reference:
1. A trademark has been registered on a certain kind of goods, and the market operation has gained a certain popularity after a period of market operation, in order to prevent others from using the same or similar trademarks on the same or similar goods, that is, to register several similar trademarks on the same goods. For example, Wahaha Group has not only registered the Wahaha trademark on children's beverages, but also registered Hahava, Wahava, etc., if these names are not registered, then it remains to be determined whether the use of these names by others on the same kind of goods constitutes infringement, but once registered, it will inevitably constitute infringement.
2. Based on one trademark, use different trademarks on different series of goods of the same kind, so as to segment the market and increase the market share of the entire market. For example, Wuliangye Group is led by the Wuliangye trademark, and has continuously launched Wulianghuang and Wang Liangol to achieve the occupation of different levels of the market.
1. How long is the term of protection of a trademark right?
According to the laws of China, the term of protection of a trademark right is ten years, and if it is necessary to continue to use it after the expiration of the validity period, it shall apply for renewal of the registration office shirt within six months before the expiration, and the validity period of each renewal registration is ten years
Specific Provisions: Trademark Law of the People's Republic of China
1) Article 37 The validity period of a registered trademark shall be ten years, calculated from the date of approval of registration;
2) Article 38 If a registered trademark expires and needs to continue to be used, it shall apply for renewal of registration within six months before the expiration; If the application is not made during this period, a grace period of six months may be granted. If the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled;
3) Each renewal registration is valid for ten years.
2. How to handle trademark change.
1. There are two ways to apply for trademark change:
1) Entrust the trademark ** agency filed with the Trademark Office to handle it.
2) The applicant goes directly to the registration hall of the Trademark Office.
1) Application Form;
2) If the copy of the applicant's subject qualification certificate (such as a copy of the business license of the enterprise, the ID card and passport of a natural person, etc.) is directly handled in the registration hall of the Trademark Office and the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone, the original will be returned after comparison;
3) The applicant submits a copy of the ID card of the handler directly in the trademark registration hall; Submit the "Power of Attorney" for the entrustment of the trademark ** agency;
4) Certificate of change issued by the registration authority. If the registrant is an enterprise, it shall issue a certificate of change from the registration department of the administrative authority for industry and commerce; If the registrant is a public institution, a certificate of change from the competent authority of the public institution shall be issued; If the registrant is a natural person, the certificate of change issued by the police station where the household registration is located shall be issued;
5) If the address of the trademark applicant is changed, the change certificate is not required, except for the cross-border change of address. Where a natural person changes his or her address across nationality, he or she shall submit documents proving that he or she enjoys the right of abode in the country where the changed address is located.
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Summary. Dear, hello, I am glad to answer for you Not two registered trademarks of the same company can be used on one goods at the same time, from the current laws and regulations, China does not explicitly prohibit the use of two or more trademarks on one goods at the same time.
Dear, hello, I am glad to answer for you Not two registered trademarks of the same company can be used at the same time on a large and a commodity Nazen, from the current laws and regulations, China's Changluchen does not explicitly prohibit the use of two or more trademarks on a commodity at the same time.
Legal Analysis: There is a subordinate relationship between trademarks and jokes. The State Administration for Industry and Commerce's "Opinions on the Possibility of Using Two Mu Stockings or More Than Two Registered Trademarks on a Commodity at the Same Time" wrote:
Enterprises can use two or more registered trademarks on one product at the same time according to actual needs. Enterprises can register and use a trademark on all or part of the goods produced by themselves to distinguish the goods produced by other enterprises, and at the same time, they can register and use a trademark dedicated to the products on each product to distinguish the different goods they produce. Such trademarks are often referred to as "primary and secondary trademarks", such as the automobile trademark "Volkswagen" and the automobile model trademark "Santana".
Legal basis: Article 52 of the Trademark Law stipulates: "If an unregistered trademark is used as a registered trademark, or the state or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it, and if the illegal business turnover is more than 50,000 yuan, a fine of less than 20% of the illegal business turnover may be imposed, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed."
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
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Legal analysis: there are many kinds of structure of registered trademarks, which can be words, letters, graphics, numbers, or words + graphics, etc., with the improvement of everyone's awareness of intellectual property protection, many companies or individuals will have multiple trademarks under their names. In the Trademark Law, there is no prohibition on the combined use of several trademarks, and there are no relevant provisions to support such use, it can only be said that each trademark is legal, that is, it has successfully obtained the registration certificate, and it can be used at will, but there are also prerequisites, it needs to be used on the same class of goods, and two or more trademarks used together must contain this category of goods in the trademark registration protection category, so that it can be used, such as two trademarks of different classes together, It is not possible to use it on a product.
Legal basis: "Trademark Law of the People's Republic of China".
Article 1 This Law is hereby enacted in order to strengthen the management of trademarks, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy.
Article 2 The Trademark Office of the Administration for Industry and Commerce shall be in charge of the registration and management of national trademarks. The administrative department for industry and commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes.
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Trademark rights can be used by two companies together, if both companies have ownership of the trademark, then can the two companies register the same trademark, and what is the basis of the law on this? Therefore, I will introduce to you whether two companies can register the same trademark, and I hope to solve your corresponding problems. OneCan two companies register the same trademark?
Co-registration is possible. Article 5 of the Trademark Law stipulates that "two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark."
The co-ownership of a trademark by the owners of a jointly registered trademark means that multiple owners of a trademark must take joint action when exercising their rights against the trademark, such as licensing the use of the trademark, filing infringement complaints, transferring the exclusive right to use the trademark, etc., which require the consensus of all the co-owners of the trademark.
IIWhat are the types of trademarks?
According to different criteria, the trademark can be divided into different types. Trademarks for goods and service marks, collective and certification marks, joint and defensive marks, registered and unregistered trademarks, well-known trademarks.
IIIPrinciples of Trademark Acquisition
1) Principle of Acquisition of Use: The principle of acquisition of use means that the basis for obtaining a trademark right is that the trademark is actually used in commercial activities, and registration is only a preliminary evidence to prove the enjoyment of trademark rights.
2) Principle of Acquisition of Registration: The principle of acquisition of registration means that the basis for obtaining a trademark right is the approval and registration of the trademark administrative department, and an unregistered trademark cannot enjoy the protection of trademark right.
To sum up, according to the relevant provisions of the law, you can apply jointly, and the difference between a registered trademark and an enterprise is that if an enterprise applies alone, the exclusive right to use the trademark belongs only to this one enterprise, and if the two jointly apply, the exclusive right to use the trademark belongs to two people who jointly own the trademark.
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