What are the valid reasons for not using the trademark, and please tell a professional?

1) Changing the registered trademark on its own;

2) Changing the name, address or other registration matters of the registrant of the registered trademark on its own;

3) Transferring a registered trademark on its own;

In case of any of the above three acts, the administrative department for industry and commerce shall order the trademark registrant to make corrections within a time limit; If it refuses to make corrections, it shall report to the Trademark Office to cancel its registered trademark.

4) If the use has ceased to be used for three consecutive years, any person who has done so may apply to the Trademark Office for cancellation of the registered trademark and explain the relevant circumstances. The Trademark Office shall notify the trademark registrant to submit evidence of the use of the registered trademark before the application for cancellation or explain the justifiable reasons for non-use within two months from the date of receipt of the notice; If the evidentiary materials for use are not provided at the expiration of the time limit or the evidentiary materials are invalid and there is no justifiable reason, the Trademark Office shall revoke the registered trademark.

1.Force majeure;

2.**Policy restrictions;

3.bankruptcy liquidation;

4.Other legitimate reasons that are not attributable to the trademark registrant.

Legal analysis: Fair use of a trademark means that the user unit or individual has the ownership of the trademark, or uses the trademark with the permission of the trademark owner. That is, the owner of the trademark can use the trademark within the scope of the rights stipulated by the law, and it cannot infringe.

Legal basisArticle 52 of the Trademark Law of the People's Republic of China Where an unregistered trademark is used as a registered trademark, or if the unregistered trademark is used in violation of 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 turnover is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.

1. The Trademark Law stipulates that the following signs shall not be used as trademarks:

1) It is the same or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, and is the same as the name of the specific place where the state organ is located or the name or graphic of a landmark building;

2) It is the same or similar to the national name, national flag, national emblem, or military flag of a foreign country, except where the country agrees;

3) The name, flag, or emblem of the same international organization is the same or similar, except with the consent of the organization or where it is not easy to mislead the public;

4) It is identical to or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized;

5) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent";

6) Ethnically discriminatory;

7) exaggerated and deceptive;

8) It is harmful to socialist morality or has other negative influences. The place name of the administrative division at or above the county level or the foreign place name known to the public shall not be used as a trademark. However, the geographical name has other meanings or is an integral part of a collective mark or certification mark; Trademarks that have been registered for the use of geographical names continue to be valid.

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. A collective trademark is a sign registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. A certification trademark refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

2. However, the following signs shall not be registered as trademarks if they have acquired distinctive features and are easy to identify without being used:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Lack of distinctive features.

3. Copying, imitating or translating well-known trademarks not registered in China by others is prohibited: If the trademark applied for registration for the same or similar goods is copied, imitated or translated into a well-known trademark that is not registered in China by others, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Legal analysis: 1) Identical or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, as well as the name of a specific place where a state organ is located, or the name or graphic of a landmark building; 2) It is the same or similar to the national name, national flag, national emblem, or military flag of a foreign country, except where the country agrees; Wait a minute.

Legal basis: Trademark Law of the People's Republic of China Article 10 The following signs shall not be registered as trademarks: (1) only the generic name, figure and model of the product; (2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the commodity; (3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive characteristics through use and are easy to identify, they may be annotated as trademarks.

At the same time, Article 20 of the Implementing Rules also stipulates that if an application is made for a change in the name of the trademark registrant, each application shall be submitted to the Trademark Office with an Application Form for Changing the Name of the Trademark Registrant and a copy of the certificate of change, and the original Trademark Registration Certificate shall be returned.

After approval by the Trademark Office, the original Trademark Registration Certificate will be apostilled and returned, and it will be announced. The name of the trademark registrant is an important matter of trademark registration, although the name of the enterprise has been changed, the ownership of the exclusive right to use the trademark has not changed, and if the registered trademark continues to be used, the registrant should submit an application for change in a timely manner.

Paragraph 2 of Article 20 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China stipulates that if an application is made for a change in the address of the trademark registrant or other registration matters, each application shall be submitted to the Trademark Office with an Application for Change of Address of the Trademark Registrant or an Application for Modification of Other Registered Matters of the Trademark, as well as a copy of the relevant change certificate, and the original Trademark Registration Certificate shall be returned. After the approval of the Trademark Office, the original "Trademark Registration Certificate" will be apostilled and returned, and the reputation will be postponed.

The address of the trademark registrant is also another important matter of trademark registration, and it is the basic information that the trademark management authority should grasp when conducting trademark management. For the change of address, the applicant must submit an application for change in a timely manner.

Only the following evidence is submitted, which shall not be regarded as the use of the trademark in the sense of the Trademark Law:

1.Contracts for the sale of goods or agreements or contracts for the provision of services;

2.Written testimony;

3.It is difficult to identify whether the physical evidence, audio-visual materials, and hand-polished spine information have been modified;

4.Objects and replicas.

In addition, the following situations are not considered to be trademark use within the meaning of trademark law:

1.Publication of trademark registration information or statement by the trademark registrant on the exclusive right to use the registered trademark;

2.not used in the open commercial field;

3.Use only as a giveaway;

4.There is only an act of transfer or license without actual use;

5.Symbolic use for the sole purpose of maintaining the registration of the trademark.

Finally, if the evidence of use submitted by the trademark registrant changes the main part and distinctive features of the registered trademark, it cannot be recognized as the use of the registered trademark. If the trademark registrant uses a registered trademark on goods approved for use, the registration on goods similar to the goods may be maintained. The use of a registered trademark by a trademark registrant on similar goods other than those approved for use cannot be regarded as the use of its registered trademark.

1) The seller improperly uses the trademark rights, copyrights and other rights of others in the published product information or the store name or domain name used;

2) The seller's ** goods are suspected of improperly using the trademark rights, copyrights, patent rights and other rights of others;

3) The product information published by the seller or other information used (such as the certification mark of the clothing union, etc.) causes confusion or misunderstanding to consumers or causes unfair competition. Note: A complaint from the same right holder against the same seller within three days is considered as one complaint. Interpretation of the rules and regulations:

1. Improper use of the rights of others refers to the improper use of the rights of others, and the improper use of the rights of others refers to trademark infringement other than counterfeiting, copyright infringement other than piracy, and patent infringement.

2. Why is a complaint filed by the same right holder against the same seller within three days considered as one complaint?

1) Because it takes time to deal with the complaint and the seller's rectification, therefore, all complaints filed by the same right holder on the same seller within three days will be regarded as one complaint, and the complaint after this period will be regarded as a supplement to the previous complaint, and not as a second complaint.

3) The purpose of this provision is to encourage the complainant to list all the infringing information in the seller's store at one time, so as to improve the efficiency of complaint handling.

3. What is the seller's improper use of other people's trademarks, copyrights and other rights in the published product information or the store name and domain name used without the permission of others, and the use of other people's trademarks (including word trademarks, figurative trademarks, etc.) or works (text works, pattern works), etc. Example 1: Without the permission of others, the name of the store is Miffy Specialty Store.

4. What is the seller's ** goods suspected of improper use of others' trademark rights, copyrights, patent rights and other rights.

1) Improper use of another person's trademark right refers to the situation where the seller's **'s goods are found to be trademark infringement, but it is not counterfeit. For example, if a seller of "Miffy" sells a product on the Internet of Clothing and is complained by the owner of the trademark "Miffy", and presents the industrial and commercial certification certificate, "Miffel" constitutes trademark infringement.

2) Improper use of others' copyrights refers to the situation where the seller's **'s goods are found to be copyright infringement, but they are not pirated; For example, the online clothing seller sells Metersbonwe T-shirts, and uses Shuke's avatar without the authorization of Zheng Yuanjie, the right holder.

3) Improper use of other people's patents refers to the infringement of others' design patents, utility model patents or invention patents by the seller's **. What are the circumstances of improper use of trademarks? What questions will be involved?

Legal analysis: (1) It is the same or similar to the national name, national emblem, military flag, or medal of the People's Republic of China, as well as the name of a specific place where a state organ is located, or the name or graphic of a landmark building; 2) It is the same or similar to the national name, national flag, national emblem, or military flag of a foreign country, except where the country agrees; Wait a minute.

Legal basis: Article 10 of the Trademark Law of the People's Republic of China - The following signs shall not be registered as trademarks: (1) only the generic name, figure and model of the product; (2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the commodity; (3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be sold as trademarks for trademark registration.