Can I use the trademark registered by others, and can others still use the trademark after the trade

Updated on Financial 2024-05-24
11 answers
  1. Anonymous users2024-02-11

    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....

  2. Anonymous users2024-02-10

    No, someone else has already registered it, and if you're using it, that's an infringement

  3. Anonymous users2024-02-09

    It is recommended that the landlord better not want to be sincere anymore, because"Sincerely"This trademark has been protected very comprehensively, and it is recommended that it is better to think about other names and launch a new brand by yourself.

  4. Anonymous users2024-02-08

    It cannot be used, otherwise it constitutes infringement.

  5. Anonymous users2024-02-07

    If someone sees that your brand is the same as his, or if someone reports you. You have to pay a fine. It is advisable to register your own brand.

  6. Anonymous users2024-02-06

    No, you can add some other words to decorate it.

  7. Anonymous users2024-02-05

    May be used for non-profit purposes.

    If it is used for commercial purposes, it is an infringement.

    to be held responsible.

  8. Anonymous users2024-02-04

    Legal Analysis: Yes. A registered trademark protects the registered goods or similar goods under the trademark class registered by the enterprise, that is, the classes and goods items that are not registered by the registered trademark can be registered and used by others.

    In addition, a registered trademark cannot infringe on the prior rights of others, that is, if an enterprise can produce evidence to prove that it has been using the trademark before the enterprise uses or registers the trademark, and has a certain degree of popularity, then the enterprise can continue to use the trademark. In addition, the applicant for a registered trademark may be countersued for malicious preemptive registration.

    Legal basis: Trademark Law of the People's Republic of China

    Article 30 Where a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by another person on the same or similar goods, the Trademark Office shall reject the application and shall not publish it.

    Article 31 Where two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same kind of goods or similar goods, the trademark for which the application has been made shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made.

    Article 32 An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

  9. Anonymous users2024-02-03

    If it is the same category, it cannot be used. One mark and one class, one trademark is only protected in the same class. All 45 classes of well-known trademarks are protected.

    It is not possible to register the same trademark class in the same category, because it is considered a similar trademark, but others can still register it in other classes. If a trademark is registered, even if someone else has the same words with different graphics, it cannot be used, and it is also an infringement of trademark rights.

    Article 51 of the Trademark Law Where an unregistered trademark is used as a registered trademark, 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 be notified by solemn calls, 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 on the person, and a fine of less than 10,000 yuan may be imposed if there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan.

  10. Anonymous users2024-02-02

    If it is the same category, it cannot be used. One mark and one class, one trademark is only protected in the same class. All 45 classes of well-known trademarks are protected.

    It is not possible to register in the same trademark category, because this is considered to be similar to the Shang Zheng Zhaobiao, but others can still register it in other categories. If a trademark is registered, even if someone else has the same words with different graphics, it cannot be used, and it is also an infringement of trademark rights.

    Article 51 of the Trademark Law stipulates that if an unregistered trademark is used as a registered trademark, 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.

  11. Anonymous users2024-02-01

    Trademark is a specialized legal term.

    A trademark is a sign used to identify and distinguish goods or services**. 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 elements, can be registered as a trademark.

    A brand or a part of a brand is called a "trademark" after it has been registered by the relevant authorities in accordance with the law. Trademarks are protected by law, and the registrant has the exclusive right. Famous trademarks in the international market, often registered in many countries.

    There is a distinction between "registered trademarks" and "unregistered trademarks" in China. A registered trademark is a trademark that is protected by law after being registered by the relevant authorities, and an unregistered trademark is not protected by the trademark law.

    A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. China's Trademark Law stipulates that the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.

    1) Without the permission of the trademark registrant, Qi slag uses a trademark grinding stool identical to its registered trademark on the same kind of 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 exclusive right to use a registered trademark of another person.

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