1. Can the trademark be used during the registration period?
Can the trademark be used during the registration period? Use, but the trademark cannot be marked with an R mark. It must be written with TM, which means that it is being registered.
Legal basis: "Trademark Law"
Article 49 If a trademark registrant changes the registered trademark, the registrant’s name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administration department shall order him to make corrections within a time limit; If the trademark is not corrected upon expiration of the time limit, the Trademark Office will revoke the registered trademark.
If a registered trademark becomes the common 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 to cancel the trademark. 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 require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.
2. Who accepts trademark recognition applications?
Application for trademark recognition can be accepted by the Trademark Office, the Trademark Review and Adjudication Board, and the court that hears trademark infringement disputes. Specifically, the acceptance status can be determined based on the following provisions:
Relevant legal provisions:
1. Trademark Law
Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining 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 promotional efforts for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) The Other factors that make a trademark famous.
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office shall , according to the needs of handling the case, the well-known status of the trademark can be determined.
The situation is determined.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court shall hear the case according to If necessary, the trademark may be well-known.
Producers and operators shall not use the words "well-known trademark" on commodities, 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: When hearing trademark dispute cases, the People's Court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law.
The identification of well-known trademarks shall be carried out in accordance with the provisions of Article 14 of the Trademark Law.
The party concerned has a well-known name that has been recognized by the administrative authority or the people's court.If a trademark is requested for protection, and the other party has no objection to the well-known trademark involved, the People's Court will no longer review the application. If an objection is raised, the People's Court shall review it in accordance with Article 14 of the Trademark Law.
Trademark registration time is generally relatively long. Units and individuals that have submitted a registration request to the Trademark Office can still continue to use the trademark after the request is accepted. Trademark in the process of registration. However, during the period of trademark registration, the registrant’s name, address, etc., may not be changed. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.