1. How long does it take to publish a general trademark registration announcement
1. 3 months . For trademarks that have been initially approved and announced, within three months from the date of announcement.
2. Legal basis:
Article 33 of the Trademark Law of the People's Republic of China Article 11: For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right holder or interested party believes that it violates paragraphs 2 and 3 of Article 13, Article 15, and Article 10 of this Law. Article 6, paragraph 1, Article 30, Article 31, and Article 32, or anyone who believes that it violates Article 4, Article 10, Article 11, Article 12, As stipulated in Paragraph 4 of Article 19, an objection may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
Article 39: The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
2. What is the difference between unregistered trademarks and registered trademarks?
The main differences between unregistered trademarks and registered trademarks The differences in legal status are mainly reflected in the following aspects:
1. The owner of a registered trademark can exclude others from registering the same or similar goods. Identical or similar trademarks; users of unregistered trademarks have no right to exclude others from registering identical or similar trademarks on the same or similar goods. If they do not apply for registration, they may be preempted by others and be prohibited from continuing to use them. the trademark.
2. The owner of a registered trademark enjoys the exclusive right to use the trademark. When the registered trademark is counterfeited and used by others, constituting trademark infringement, the trademark owner can request the illegal user to bear legal liability. responsibility; and the user of an unregistered trademark shall be liable for the unregistered trademarkUse is only a fact, not a right. It has no right to prohibit others from using it, and the prior user has no right to invoke trademark law to request litigation protection against a third party's use.
3. It is the right of the trademark owner to use the approved and registered trademark on the approved goods. The trademark owner’s exercise of these rights does not involve the exclusive use of other people’s trademarks. However, once the use of an unregistered trademark causes confusion with someone else's registered trademark, it will easily constitute trademark infringement, and you should bear corresponding legal liability.
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