1. Can categories be added after successful trademark registration?
If a trademark is registered If you want to expand the scope of trademark registration categories on the original basis, the only feasible way is to submit a request to the Trademark Office for trademark registration for multiple different categories of products or services.
After all registration applications are approved, the trademark holder will have many registered trademarks covering different fields.
Once the trademark registration is completed and put into practical application, if you still need to continue to expand the trademark category, you will need to submit a new trademark to the Trademark Office based on the new category. The registration application must be reviewed and approved before the trademark can be officially used on the corresponding goods or services.
Article 213 of the Criminal Law of the People's Republic of China
Unregistered If the trademark owner licenses the use of the same trademark as its registered trademark on the same kind of goods or services, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than ten years. Imprisonment and a fine.
2. Is a trademark registered before marriage considered joint property of husband and wife?
The basis for determining the ownership of trademark rights is the time node when the rights are generated.
If the marital relationship continues, the trademark rights and patent rights owned by the female spouse in her personal name are considered to be assets shared by both spouses.
If the trademark right has been obtained before marriage, it cannot be classified as joint property of husband and wife.
It needs to be made clear that the exact meaning of joint property between husband and wife is the various assets acquired by them during the duration of their marriage, which mainly covers salary income, bonuses, and production and business processes. The wealth created, as well as the income from intellectual property rights, etc.
Personal property that is not included in the scope of joint ownership between husband and wife, property that has been agreed to belong to one party before marriage, and non-personal property obtained from inheritance or gift (unless it is clearly stated (set as separate property), and both husband and wife have equal rights to deal with the property acquired jointly by the couple, which are also the basic elements that constitute the joint property of husband and wife.
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