Can time-honored brands be used as trademarks?

Whether a time-honored name can be used as a trademark depends on the situation. If a time-honored brand can have distinctive features that are easy to identify and distinguish from other people's products; and if applying for a time-honored brand as a trademark does not infringe on the legal rights previously obtained by others, it can be used as a trademark. Regarding the question of whether time-honored brands can be used as trademarks, the editor of Legal Savior Network will give you a detailed answer below.

1. Can time-honored brands be used as trademarks

1. Can time-honored brands be used as trademarks? Use as a trademark depends on the situation. If a time-honored brand can have distinctive features that are easy to identify and distinguish from other people's products; and if applying for a time-honored brand as a trademark does not infringe on the legal rights previously obtained by others, it can be used as a trademark.

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

Article 6, Products that require the use of registered trademarks under laws and administrative regulations must apply for trademark registration. Products without approved registration may not be sold in the market.

Article 7: When applying for registration and use of a trademark, the principle of good faith shall be followed. Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.

Article 8, any mark 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 logos, color combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 9: The trademark applied for registration shall have distinctive features that are easy to identify and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.

2. How to apply for a Chinese time-honored brand trademark

1. Units that meet the requirements for "Chinese time-honored brand" certification must apply to the local city level quotientThe application shall be submitted to the competent department of commerce at the provincial level (including the commerce department of the city under separate state planning, the same below) and then reported to the Revitalization Committee for recognition. The procedures include: application, data submission, investigation and identification, identification and review, public announcement, decision making, review, registration and archiving, certificate issuance, etc. Specific steps: To submit an application: Relevant units should fill in the application form according to their own circumstances and report it to the local municipal commerce department. Submission of materials: The local municipal commerce department will conduct a preliminary evaluation of the submitted application. If the application is confirmed to be valid, it will instruct the applicant to submit relevant materials in accordance with the prescribed format and report it to the provincial commerce department.

2. Investigation and identification: The provincial commerce department organizes relevant institutions and experts to investigate and identify the materials submitted by the applicant, and put forward preliminary evaluation opinions to Zhenxing committee. Certification review: The Revitalization Committee organizes experts to analyze the data, conduct on-site research on relevant content when necessary, put forward review opinions, and write a certification report.

3. Public announcement: The list of enterprises and brands to be recognized as "Chinese time-honored brands" shall be announced in the relevant media. If any unit or individual has different opinions on the list, they shall Objections may be filed with the Revitalization Commission. Make a decision: If the enterprises and brands to be recognized as "Chinese time-honored brands" have no objections during the publicity period or the objections are not established, the revitalization committee will make a decision and be recognized as "Chinese time-honored brands".

4. Review: If the applicant has doubts about the determination result, it can submit a review to the Revitalization Committee. The review result will be made within 30 days after receiving the review application. Registration and archiving: All information involved in the certification process will be archived and managed by the Revitalization Committee. Issuance of certificates: Plaques and certificates will be issued in the name of the Ministry of Commerce to recognized "Chinese time-honored brands".

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