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Benefits of Registering a Trademark:
1. It is convenient for consumers to recognize the brand and shop.
2. The trademark registrant has the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and occupy the market first.
4. A trademark is an intangible asset whose value can be evaluated.
5. The value of a trademark can be realized by transferring, licensing to others, or pledge.
Once a trademark is registered, it is valid for 10 years, and it can be renewed after 10 years, and the validity period after renewal is 10 years, and so on.
Article provided by Shenzhen Kaibo.
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The key to the success of an enterprise lies in the trademark, the trademark represents the image of the enterprise, after advertising, expand the popularity of the trademark, let the public understand it, accept it, the trademark is also an intangible property of an enterprise. As the intellectual property of an enterprise, a trademark is the wealth of an enterprise just like other property. This is especially true for trademarks that have a certain degree of popularity.
To put it more simply, now shopping malls and supermarkets sell products, and they need trademark-related certificates, otherwise they are not allowed to be sold in stores. A trademark is valid for 10 years from the date of registration, renewed after 10 years, and so on.
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1) Distinguish between different producers and operators of similar goods.
2) Distinguish the quality of products produced by different producers.
3) It is convenient for consumers to recognize the brand and shop.
4) It is conducive to advertising.
5) Protect your brand and prevent infringement by others.
The trademark is valid for 10 years after registration 10 years for renewal Validity period for 10 years after renewal Renewal for 10 years after expiration.
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1. The trademark can be used during the registration period;
2. After receiving the notice of acceptance, the trademark can be marked with "TM" in the upper right corner of the trademark, which means to be used as a trademark;
3. After the trademark is officially issued, it can be marked with "R" in the upper right corner of the trademark to prove that it is a registered trademark;
4. The trademark cannot be authorized before it is officially issued.
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OK.. You can mark the "TM" mark in the upper right corner or the lower right corner of the trademark, so that you can indirectly tell consumers that your trademark has now been applied for and is in the process of examination. It's also a warning to squat, don't hit your trademark crooked idea.
For more information, please contact me, intellectual property consultant Mr. Liu.
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The trademark can be used during the registration period, but the trademark cannot be marked as the R mark, and it must be written with TM, which means that the registration is being processed.
In accordance with the Trademark Act
Article 49.
If the trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.
If a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce.
Article 6 Commodities that must be registered by laws and administrative regulations must be registered as trademarks, and those that have not been approved for registration shall not be sold in the market.
1. Who accepts the application for trademark recognition?
1. Trademark Law
Article 14 A well-known trademark shall, at the request of the parties, be determined as a fact that needs to be determined in handling a trademark case. The following factors shall be considered in the recognition of a well-known trademark:
1) the degree of awareness of the trademark by the relevant public;
2) the duration of use of the trademark;
3) the duration, extent and geographical scope of any publicity work for the trademark;
4) a record of the trademark being protected as a well-known trademark;
5) Other factors that make the trademark well-known.
In the course of trademark registration examination and investigation and handling of trademark infringement cases by the administrative department for industry and commerce, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination of the well-known status of the trademark.
In the course of handling trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling the case, make a determination of the well-known nature of the trademark.
In the course of adjudicating a civil or administrative trademark case, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of the case, make a determination of the well-known nature of the trademark.
Producers and operators shall not use the words "well-known trademark" on goods, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.
2. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases
Article 22 In hearing a trademark dispute case, the people's court may, on the basis of the request of the parties and the specific circumstances of the case, make a determination as to whether the registered trademark involved is well-known in accordance with the law.
The recognition of a well-known trademark shall be carried out in accordance with the provisions of Article 14 of the Trademark Law.
If a party requests protection for a well-known trademark that has been recognized by the competent administrative authority or the people's court, the other party has no objection to the well-known trademark involved, and the people's court will not examine it. Where an objection is raised, the people's court shall examine it in accordance with the provisions of Article 14 of the Trademark Law.
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1. The validity period of a registered trademark is 10 years. If the registered trademark needs to continue to be used after the expiration of the validity period, it can go through the renewal procedures to extend the use of the trademark. However, it is not possible to handle intellectual property rights at any time, and there are strict regulations on the renewal period of trademarks, so what is the general renewal period of trademarks?
Here's the question:
2. According to Article 38 of the current Trademark Law of China, "if a registered trademark expires and needs to continue to be used, it shall apply for renewal of registration within 12 months before the expiration, and if the application is not filed during this period, a six-month grace period may be granted." If the application is not filed after the expiration of the grace period, the registered trademark shall be cancelled.
3. According to Article 46 of the Trademark Law, if a registered trademark is revoked or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of cancellation or cancellation.
Article 28 of the Trademark Law shall complete the examination of a trademark applied for registration within nine months from the date of receipt of the application documents for trademark registration, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and announcement. Article 33 Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Articles 10, 11 and 12 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.
Article 39 The validity period of a registered trademark shall be ten years, calculated from the date of approval of the registration of Li He.
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There are many years of history. The law stipulates that if a registered trademark expires and it is necessary to continue to use it, the trademark registrant shall go through the renewal procedures in accordance with the provisions within two months before the expiration of the trademark; If it fails to do so within this period, it may be granted a grace period of six months. Each renewed registration is valid for ten years
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The term of use of a registered trademark is 10 years. According to the relevant laws and regulations, the validity period of a registered trademark is ten years. If the owner needs to continue to use the registered trademark after the expiration of the validity period, it shall go through the renewal procedures in accordance with the law within 12 months before the expiration of the protection period of the registered trademark.
If it fails to do so within this period, a grace period of six months may be granted to the circle side.
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There are years of age. The law stipulates that if a registered trademark has expired and it is necessary to continue to use it, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration; If it fails to do so during this period, it may be given a grace period of six months. Each renewal registration is valid for 10 years, starting from the day after the expiration of the previous validity period of the trademark.
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There are years of age. Eliminate irritation.
Article 41 of the Trademark Law stipulates that if a registered trademark needs to continue to be used upon expiration, the trademark registrant shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration. If it fails to do so within this period, it may be granted a grace period of six months. The validity period of each renewed registration is 10 years, which is calculated from the day after the expiration of the previous validity period of the trademark. If the renewal procedures are not completed after the expiration of the period, the registered trademark shall be cancelled.
The Trademark Office shall make a public announcement on the renewed registration.
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1. Under normal circumstances, after submitting the trademark registration application, the trademark can be used after receiving the acceptance notice issued by the Trademark Office.
2. Before getting the certificate, when using the registered trademark, you can add the symbol "TM" in the upper right corner of the trademark to indicate that the trademark is under application. After obtaining the certificate for the registered trademark, you can add the "r" logo in the upper right corner of the trademark calendar.
3. The term of trademark registration is 10 years, although the term of trademark registration is 10 years, but after the expiration of the validity period of the registered trademark, if you want to continue to use it, you should apply for trademark renewal registration within 6 months before the expiration.
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