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Jite intellectual property rights: The following points should be paid attention to in trademark registration: 1. In each category of the International Classification of Goods and Services for Trademark Registration, each registered trademark is a trademark.
Each trademark application for any registration is regarded as one application, and a separate set of application documents shall be submitted and a separate fee shall be paid. 2. If the number of copies of the document to be submitted is not specified, if there is no special statement in the "Specific Requirements" and "Precautions" columns, it shall be regarded as one copy. The goods that must be trademarked in order to be used are:
Tobacco. Precautions for natural persons applying for trademark registration. In accordance with Article 4 of the Trademark Law of the People's Republic of China, if a natural person engaged in the production, manufacturing, processing, selection, distribution of goods or provision of services needs to obtain the exclusive right to use the trademark, he or she shall apply to the law
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There are two situations: 1. If the registered mark is marked when used in Class 31, it is regarded as an act of passing off a registered trademark.
Article 48 of the Trademark Law: "Any person who commits any of the following acts in the use of an unregistered trademark shall be stopped by the local administrative department for industry and commerce, and may be notified or fined within a time limit: (1) passing off a registered trademark; and the first paragraph of Article 42 of the Implementing Regulations, which states that "in accordance with the provisions of Articles 45 and 48 of the Trademark Law, the amount of the fine imposed shall be less than 20% of the illegal business turnover or less than 2 times the illegal profit".
2. If another person happens to successfully register the same or similar trademark in Class 31, it infringes its exclusive right to use the trademark, and if the other party files a lawsuit, it may be liable for compensation.
Legal basis: Article 52(1) of the Trademark Law: "Any person who commits any of the following acts shall be deemed to have infringed the exclusive right to use a registered trademark: (1) without the permission of the trademark registrant, the ...... of using a trademark identical or similar to the registered trademark on the same or similar goods."”
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No. 1. Strictly speaking, if it does not comply with the provisions of the Trademark Law, the trademark can only be registered in which class it is protected. Once such use causes a conflict of interest to the trademark of the same name originally registered in Class 31, it will be liable for legal liability.
2. Since enterprises can use unregistered trademarks, if there are no 31 types of trademarks with the same name before, your use will not cause any infringement of anyone's interests, but. Your brand is not protected by trademark law in Class 31, and you must immediately stop using the trademark in Class 31 as soon as someone else registers it in Class 31.
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Keep in mind that the trademark must be used in the same way as on the registration certificate.
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As long as someone else does not use the same trademark in Class 31 goods, there is no problem, it is not a violation of the regulations, but someone else is there. It is not illegal to use your trademark in Class 31, it is a loss for yourself, you can spend more money to add Class 31 and pay attention to protecting your trademark.
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1. Firmly grasp the control of commodity quality.
The value of a trademark lies in the reputation it enjoys, and licensing others to use the trademark means that the reputation of the trademark is attached to the actions of the licensee and the goods it provides. Therefore, quality control in the licensing contract is an extremely important element. There are many lessons to be learned from this square beam slippery surface.
Qingdao Soda Factory was one of the eight major carbonated beverage production bases in China, and the products represented by Laoshan Cola were very popular in the market. However, the factory was eager for quick success and rashly licensed 144 domestic enterprises to use the Laoshan trademark, which led to a sharp decline in the quality of goods due to the lack of necessary quality assurance measures, which directly affected the reputation of the trademark.
2. Choose partners carefully.
For the licensor for commodity quality control, it is first necessary to carefully select partners and let those enterprises with better production capacity, higher management level and strong performance ability as licensees. Before granting the right to use the licensee, the licensor shall inspect and test the legal personality, production capacity, management level, product quality, etc. of the licensee. If it does not meet the same quality standards as its own products, it cannot be sold for licenses.
After the license contract is concluded, the licensor shall pay close attention to the production and sales of the licensee to prevent any phenomenon that damages the reputation of the trademark in terms of product quality and after-sales service.
3. Maintain trademark rights with all your might.
The licensor has the obligation to ensure the certainty and stability of the trademark right to be used under license, and to safeguard the licensee's right to use. Specifically, the licensor shall ensure that the registered trademark under the contract is authentic and reliable, that it is a commodity trademark or service mark that has been approved and registered by the trademark authority, and that the trademark is still within the validity period of legal protection.
4. Supervision of the use of trademarks cannot be relaxed.
How to maintain the reputation of the trademark, prevent the quality of the goods using the trademark from getting out of control and damage the interests of the trademark owner, and protect the rights and interests of consumers is an important task of enterprise trademark management. The supervision of the licensee's use of the trademark includes: the licensed trademark must be consistent with the registered trademark.
The licensee's use of a registered trademark is the same as the trademark owner's own use, limited to the approved registered trademark and the approved goods. It is not allowed to exceed the scope of goods approved for use, and the words and graphics of the registered trademark shall not be arbitrarily modified.
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Summary. Hello dear, it is a pleasure to serve you <>
Trademark Issues:1Use the trademark in accordance with the law, do not use the trademark in violation of the provisions of trademark laws and regulations, do not change the registered trademark at will, and do not use the registered trademark beyond the scope of goods (services).
2.Appropriate use of trademarks: The purpose of such use is to prevent the trademark from evolving into a generic name, especially if it is a trademark that implies xing and a fictional word.
1) Use the generic name of the product with its trademark. (2) Notice of Use of Trademarks. (3) Use of the trademark in a special font.
3.Prominent use of trademarks: It means that the trademark is placed in a prominent position on the packaging or logo, at present, many enterprises do not pay attention to this aspect, and the trademark design is very small and placed in an inconspicuous position, which is actually equivalent to nothing.
4.When the trademark is successfully registered, it is necessary to use the trademark for a long time, and the establishment of the reputation of the trademark is a relatively long process, after choosing a good trademark, you need to insist on using the trademark, and replace it as often as possible, especially when the enterprise trademark has a certain impact, you need to insist on using it, and the words, colors, and patterns do not change. 5.
Treat trademark licenses with caution (4) Use trademarks with correct grammar.
Trademark issues, trademark issues, trademark issues.
Hello dear, it is a pleasure to serve you <>
Trademark Issues:1Use the trademark in accordance with the law, do not use the trademark in violation of the provisions of trademark laws and regulations, do not change the registered trademark at will, and do not use the registered trademark beyond the scope of goods (services).
2.Appropriate use of trademarks: The purpose of such use is to prevent the trademark from evolving into a generic name, especially if it is a trademark that implies xing and a fictional word.
1) Use the generic name of the product with its trademark. (2) Notice of Use of Trademarks. (3) Use of the trademark in a special font.
3.Prominent use of trademarks: It means that the trademark is placed in a prominent position on the packaging or logo, at present, many enterprises do not pay attention to this aspect, and the trademark design is very small and placed in an inconspicuous position, which is actually equivalent to nothing.
4.When the trademark is successfully registered, it is necessary to use the trademark for a long time, and the establishment of the reputation of the trademark is a relatively long process, after choosing a good trademark, you need to insist on using the trademark, and replace it as often as possible, especially when the enterprise trademark has a certain impact, you need to insist on using it, and the words, colors, and patterns do not change. 5.
Treat trademark licenses with caution (4) Use trademarks with correct grammar.
According to the relevant provisions of the Trademark Law, if a registered trademark contains the generic name, image or model of the product, or directly indicates the quality, main raw materials, weight, quantity, etc. of the goods, the registered trademark owner cannot use it exclusively. In this case, if the alleged infringer uses these elements in the packaging and decoration of its own products, it is fair use, and the alleged infringer's conduct does not constitute infringement.
Individuals can apply for trademark registration. According to the Trademark Law of the People's Republic of China, 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 trademark registration; If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of a service mark. >>>More
After the trademark application is registered, it is generally two to three months to get the notice of acceptance, and then it can be marked with "TM" for use. It takes about two and a half years to get the trademark registration certificate, and then you can mark "R" or "Note" to use it, and you have the exclusive right to use it for 10 years, and you can renew it after 10 years and continue to use it.
Article 40 of the Trademark Law and Article 43 of the Regulations for the Implementation of the Trademark Law of China clearly require the licensor to perform the "filing" formalities, but they do not involve the legal effect of the filing of the trademark license contract. Article 19 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases (hereinafter referred to as the "Judicial Interpretation") promulgated by the Supreme Court of the People's Republic of China and implemented on October 16, 2002 makes up for the shortcomings of the existing legal provisions. >>>More
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