1. What are the application procedures for trademark registration?
Trademark registration requirements Follow the following procedures:
(1) Submit registration application;
(2) Preliminary review and make an announcement. Complete within nine months from the date of receipt of the trademark registration application documents;
(3) Announcement of objections and within three months from the date of announcement of preliminary approval;
(4) Issue a trademark registration certificate and make an announcement.
Legal basis: Article 22 of the Trademark Law of the People's Republic of China
Trademark registration applicants shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.
For trademarks applied for registration, the Trademark Office shall collect the If the review is completed within nine months from the date of the trademark registration application document and it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.
For a trademark that has been initially approved and announced, the Within three months from the date of the violation, the prior right holder or interested party believes that the violation of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30 and Article 3 of this Law has been violated. Article 11, Article 32, or any person who believes that there is a violation of the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, paragraph 4 of this Law may file a trademark The Bureau objected. If there is no objection after the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
2. What should I do if my trademark is infringed?
If a trademark has been infringed, the party concerned can negotiate with the infringer to resolve the matter. If both parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.
Article 60 of the Trademark Law of the People's Republic of China
There is Article 5 of this Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 17 causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request industrial and commercial administration. Department processing.
If the administrative department for industry and commerce determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods and counterfeit goods. Tools with registered trademarks, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed . Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
If you find that your trademark has been infringed, you can first negotiate with the other party, including compensation and no longer using the trademark; if you cannot reach an agreement, Under such circumstances, you can apply for litigation to the People's Court or file a complaint with the Industrial and Commercial Bureau. 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.