After the trademark registration is accepted, it can not be made into products

1. You can use it, but you must mark TM because you don't really enjoy the trademark right at this time, and you can't circle R; 2, ·tm" is commonly found in foreign trademarks, it is the abbreviation of English "trade mark", "trade mark" in Chinese means "commercial mark", so "tm" means "trademark", its role is to tell people that the graphics or words it marks are trademarks of this goods or services, not names or advertising. The "r" is the abbreviation of the English "register", "register" in Chinese means "registration", goods or services marked with this mark, is to tell people that the graphics or words it marks are not only trademarks, but also registered trademarks, protected by national laws, without authorization, any other individuals and organizations can not use without authorization. Now you know the difference between TM and R, "TM" is a trademark logo, and "R" is a registered trademark logo, and the strength of legal protection is different.

When the trademark has not yet become a registered trademark, the "TM" mark is marked to inform the public that the graphic or word is used as a "trademark" for goods or services, not a name or advertising, so as to avoid the graphic or text marked by it from entering the public domain, and cannot apply to become a registered trademark and enjoy the exclusive right; At the same time, the "TM" mark can also be used as proof of the use of the image or word as a trademark, and when applying for a registered trademark, you have the right to use it first. When a trademark becomes a registered trademark, it can be marked with the registered mark "R" or "Note" in the upper or lower right corner of the trademark, or directly marked as a "registered trademark". Remember that the registered mark must be in the upper right or lower right corner of the trademark, which is stipulated in the Regulations for the Implementation of the Trademark Law of the People's Republic of China.

In addition, it should be noted that after applying for trademark registration and obtaining the Notice of Acceptance issued by the State Trademark Office, it is still not possible to mark the registration mark on the trademark during the period before the Trademark Registration Certificate, because the Notice of Acceptance issued by the State Trademark Office is only the beginning of the trademark registration procedure. This Notice of Acceptance only indicates that the Trademark Office has accepted the application for trademark registration, but does not indicate whether the application has been approved. In fact, a considerable number of trademark registration applications have been accepted by the Trademark Office, but they have been rejected after examination and ultimately failed to be registered.

Therefore, during this period, it is recommended to mark "tm" instead of "r", otherwise it will constitute an illegal act of passing off a registered trademark, and a fine of less than 20 times the illegal business turnover or less than 2 times the illegal profit will be imposed.

The TM logo certification trademark has not yet been registered, and it is only at the stage of trademark application, which can be used as a product but cannot be protected.

Hello, after the trademark application is submitted, you can use it in circles when you get the notice of acceptance, I hope it can help you.

Legal analysis: The trademark can be used after the registration is accepted. When using the trademark, TM must be marked, because at this time there is no real enjoyment of the trademark TM, TM means that the trademark has been accepted by the National Trademark Office, but it does not mean that the trademark can be applied for, and there is a 3-month trademark opposition period after the announcement, after this period of time, if no one raises an objection, the trademark can be registered.

As long as the State Trademark Office accepts it, it means that the trademark has been protected by the state.

Legal basis: Article 28 of the Trademark Law of the People's Republic of China The Trademark Office shall complete the examination of the trademark applied for registration within nine months from the date of receipt of the trademark registration application documents, and if it meets the relevant provisions of this Law, it shall make a preliminary examination and approval announcement. Article 29 In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or amended, it may request the applicant to make explanations or amendments.

If the applicant fails to make an explanation or amendment, it will not affect the Trademark Office's decision on examination.

Summary. Trademark Law of the People's Republic of China

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above-mentioned elements, may be applied for registration as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.

How to produce products after the trademark is registered.

Hello, I am a platform consulting lawyer, I am reading your question Oh, please wait for me a little longer.

Thank you.

Production is possible. If the dealer raises the code to divide, the trademark acceptance certificate can come down in 1 day, and the normal spike can be tried, and the TM logo can be marked on the mold celery trademark, and after the certificate is down, you can replace the TM with.

According to the law, if you have a trademark, you can find a manufacturer to produce and sell it yourself.

Article 8 of the Trademark Law of the People's Republic of China Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as the combination of the above-mentioned implicit elements, may be applied for registration as a trademark. Article 9 The trademark applied for registration shall not carry distinctive features and shall be easy to identify, and shall not conflict with the lawful burial rights obtained by others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Hello, are you still satisfied with the answer I provided? If there are other Hengchong who want to ask, you can say it, and I will try my best to provide you with an answer!

Legal analysis: Trademark registration is a combination of voluntary registration and compulsory registration, but in practice, it adheres to the principle of prior use. In other words, not all products or services must obtain a registered trademark before they can be sold, except for goods that require the use of a registered trademark according to laws and administrative regulations, and the prior right to use the prior trademark will be protected.

Legal basis: Article 6 of the Trademark Law of the People's Republic of China stipulates that goods with registered trademarks must be applied for trademark registration if they are required by laws and administrative regulations.

It can be used, but it must be labeled.

tm, because at this time there is no real trademark right, you can't circle r. Unregistered Suilun Silver trademark refers to a trademark that has not been registered by the competent national authority and the user does not have the exclusive right to use the trademark. An unregistered trademark does not enjoy the exclusive right to use the trademark and cannot be protected by invoking the Trademark Law.

The Trademark Office shall accept the application for trademark registration and notify the applicant in writing if the application formalities are complete and the application documents are filled in in accordance with the regulations. The Notice of Acceptance of Application for Registration only indicates that the Trademark Office has received the applicant.

and does not indicate that the trademark has been approved for registration. After the issuance of the Notice of Acceptance of Registration Application, the Trademark Office will examine the trademark application in accordance with the law and decide whether to approve the registration. The registered trademark is subject to the trademark announcement.

1. How much does it cost to apply for a registered trademark?

Only legal persons or other legal civil entities and natural persons with the following conditions can file a trademark application in China:

1. The scope of trademark registration applied by enterprises, institutions and social organizations established in accordance with Chinese law is not limited by their business scope.

2. Individually-owned industrial and commercial households, individual partnerships, rural contracted business households and other natural persons who are permitted to engage in business activities in accordance with the law. The scope of trademark registration applied by these entities must be limited to the approved business scope, or to the agricultural and sideline products they operate.

3. Foreign enterprises or foreign natural persons, foreigners or foreign enterprises from countries that have signed agreements with China or jointly participated in international treaties with China or handled according to the principle of reciprocity, may apply to the Trademark Office for trademark registration on a voluntary basis.

I need to go to the registration hall of the Trademark Office to register a trademark in person to the State Administration for Industry and Commerce, and I need to pay a fee of 1,000 yuan. The second is to entrust the ** agency to handle it, then it is necessary to pay a certain trademark registration fee to the ** agency.

Legal Analysis: The calculation method of the renewal delay fee is a piecework fee, that is, a fee of 500 yuan is charged for each renewal delay case.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe upon the exclusive right to use a registered trademark;

4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;

7) Causing other damage to the right of re-splitting of another person's registered trademark.

According to the laws of our country, it is calculated from the date of approval of the registration of the brother.

Legal basis: Article 39 of the Trademark Law of the People's Republic of China The validity period of the registrar's trademark is ten years, calculated from the date of approval of registration.

The following matters must be paid attention to when getting the trademark certificate, otherwise it will be a bamboo basket for nothing.

Trademark renewal should be done sooner rather than later.

Why did you just get the certificate and remind you about the renewal? This is because the trademark is valid for 10 years from the date of approval of registration, and after the expiration of the period, the trademark should be renewed with the Trademark Office within the first 12 months or the next 6 months, and the trademark that is not renewed will be declared invalid.

It is crucial to register a trademark in 35 classes.

Let you register Class 35 not because you want to make money and want to go crazy, but because Class 35 trademarks are relatively comprehensive, like the now popular e-commerce, online sales, network services, etc. are all in Class 35, which is more cost-effective. Even if it is not used, it is recommended to register it as a defensive trademark to avoid malicious registration by others.

Added registered trademarks.

At the beginning of a business, a registered trademark often gives priority to the core classes related to one's business. This is perfectly fine, but companies should remember to add a registered trademark when they have spare funds or want to expand their business.

If you find that the trademarks are similar, file an opposition as soon as possible.

After the publication of a trademark, the opposition period is only three months, during which any opposition can be filed.

Some people will ask, if I am successfully registered, will there still be similar trademarks?

You should know that if you are not a well-known trademark, someone will not be rejected if you register a trademark in a class that you have not registered. Moreover, there is a certain degree of subjectivity in trademark examination, and there are some trademarks that you may think are similar, but the Trademark Office has passed them, and this kind of thing happens from time to time. Therefore, it is also important to regularly search the official website of the Trademark Office to see if there are similar trademarks being applied.

The licensed use of the trademark is subject to filing.

Trademark owners can license others to use their registered trademarks by signing a trademark license contract.

Trademark changes are important.

If a registered trademark changes the name, address or other registration matters of the registrant, it shall submit an application for change and go through the corresponding transfer procedures with the Trademark Office in a timely manner. For example, some companies have changed their address, but they have not changed their trademarks, and when the trademark is withdrawn.

3. When it is invalid, the notice of the Trademark Office cannot be delivered to the company, and the opportunity to reply is missed, resulting in losses.

Use the trademark and don't change it too much.

An important rule for the use of a trademark is that it should be consistent with the trademark registration certificate. It can only be scaled up and down, and the text of the trademark cannot be changed by itself. Simplified Chinese cannot be changed to Traditional Chinese.

If it is not used properly, it may constitute trademark infringement. Even if there is no infringement, when you need to provide evidence of a trademark, it will invalidate the evidence of use due to irregular use.

If the trademark is registered, it can be sold for money.

Trademark after registration. It doesn't have to be used right away, and sometimes you may never need it. And if it is not used all the time, the idle trademark will cause a waste of resources. If it is not used for three consecutive years, it may be revoked, and it is better to transfer it directly to someone else.

After obtaining a trademark registration, the trademark registrant may use the registered trademark on its own, and use it on goods, commodity packaging or containers, commodity transaction documents, or in advertising, exhibitions and other commercial activities, and may also transfer, license or pledge the registered trademark. If it is found that another person is suspected of infringing its exclusive right to use a registered trademark, the trademark registrant may request the market supervision and administration department to handle the matter or file a lawsuit with the people's court.