What issues should a company pay attention to when registering a trademark
1. Which trademark registration success rate is higher between graphics and letters
As long as you register a trademark, there will be a problem with your success rate. There is actually no relationship between the type of trademark pattern and the success rate. At most, it is the subjective judgment of the trademark reviewer, but the most important thing is the overall design of your trademark. However, after successful registration, in terms of search accuracy, letter queries will be more accurate.
2. Prevent squatting. How to do it
The simplest and most effective way is to hurry up yourself Just register it as early as possible, otherwise if someone else registers it first, it will be more difficult to get it back, although it is not impossible. If a trademark has been preemptively registered, within the 3-month opposition period or the 5-year dispute period stipulated by law, it is necessary to prove that the other party has maliciously registered the trademark under circumstances that are known or should have been known, and request the cancellation of the other party's registered trademark. and submit your own registration application. Although this method is possible, it is time-consuming and cumbersome to operate. Another way is relatively simple, directly negotiate with the squatter to transfer the trademark, and pay some price to buy the trademark.
3. Company name Differences and conflicts with trademarks
According to the "Enterprise According to the "Name Registration Management Regulations", the enterprise name should be registered with the local industrial and commercial bureau. During the review, two identical enterprise names cannot appear locally. Trademarks are registered with the State Administration for Industry and Commerce in accordance with the "Trademark Law" and the "Trademark Law Implementation Regulations" When reviewing registration, the review principle is that the same or similar trademarks that are already registered shall not be registered. Therefore, the company name also has the full name of the company, but it is only valid locally, while the trademark is valid nationwide. Generally, there is a company name and If someone else's trademark name is exactly the same, the company shall not use the trademark words maliciously, which is specifically reflected in the eye-catching words on signboards and advertisements. On the contrary, good faith use or fair use will not constitute trademark infringement.
4. Principle of priority for application and registration
This date is calculated from the date when the Trademark Office receives the "Application for Trademark Registration" It will be stamped in the "Submission List" by the Trademark Office. All subsequent identical or similar trademarks submitted will be rejected. This is the first-to-file principle. Therefore, the earlier the application date, the better, because this is still very important. For identical trademarks, the law will only protect registered trademarks, and unregistered trademarks will be treated as trademark infringement. Of course, malicious registrations are excluded.
5. The difference between enterprise registration and natural person registration
According to the latest trademark law, natural persons have the same registration rights as enterprises. Generally speaking, small businesses use personal names, that is, natural persons, to register trademarks. The advantage is that the person’s ID card and name will not change. Yes, the address for personal registration is relatively free. You only need to fill in the address on the ID card. There is no need to change the address on the trademark registration certificate as the personal business location changes. For enterprise registration, you must fill in the address on the company's business license. Once the business license changes, the trademark registration certificate must also be changed at the Trademark Office. The general partner's company will use the enterprise registration, because it is the common property of the partners.
Finally, the editor of Legal Savior Network reminds you: Before registering a trademark, you must first inquire about the trademark. Fast Legal Trademark Query synchronizes the big data of the Trademark Office, conducts online intelligent query, and generates a report in 3 seconds, giving you professional guidance and making your trademark registration worry-free.
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